What is a Nullity for the CACD – R v Furniss [ 2018 ]EWCA Crim 2574

A defendant had applied to appeal the grounds were considered by the single judge who refused permission. He was wrongly advised by his solicitors that if he wished to proceed with an appeal on his own grounds, he would first have to abandon his current application and resubmit his own grounds.. The solicitors in signing a Notice of Abandonment failed to indicate that the applicant wished to continue his appeal on his fresh grounds. The issue now faced was that the Notice of Abandonment could only be withdrawn if considered to be a nullity. The Court set out the action that should have been taken in this case, took the view that the applicant’s mind did not go with the Notice and that it was a nullity. The case was adjourned for there to be an application to vary the Notice of Appeal and advance the fresh grounds.

Categories: Caselaw

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