BabyB LPlate improvedMy opponent opened his case today with the following words: “This is an appeal from District Judge…” I won’t mention his name and will only go so far as to say that he is notorious enough in the South East that the name JudgeLoooseCannon is not far off.

Anyway, the circuit judge hearing the appeal interrupted my opponent at that stage and with a completely straight face said: “Yes, yes, and what are the other grounds of appeal.”

Despite the fact that the judge may have taken his response from an apocryphal story and also that it reflected badly on his view of my own case, it did raise a smirk in court, particularly I noticed the court clerk suggesting that it can’t have been the first appeal he’d heard from.

August 17, 2016 · Tim Kevan · 4 Comments
Posted in: Uncategorized

4 Responses

  1. Uncivil Serpent - March 7, 2008

    There was a stage a few years ago where the Court of Appeal had a standard response pack to deal with various and numerous unfortunates (including defence barristers, their instructing solicitors, defence witnesses and even jury members) who had been found in contempt by a certain Stipe Mag turned Crown Court Judge.
    His honour Judge Totally-Unbiased had one long summer of discontent with anything that sounded a bit like “not guilty” being uttered in his court… a view which resulted in practices fortunately curbed by his older and wiser colleagues in the appellate courts. His honour seems to have calmed down a bit since then though.
    How do these people become judges? Aren’t there any proper safeguards in place?

  2. BonarLaw - March 7, 2008

    On election of obvious Petty Sessions cases to a Crown Court in deepest Co. Tyrone the judge always starts the arraignment with a weary sigh and “I suppose Mr X was the RM…”

  3. Andrew McGee - March 7, 2008

    This response ot an appeal was alleged to have started back in the 189o’s with Kekewich J., who supposedly drew the same response from appeal courts. The other version of the story has counsel beginning as follows:
    May it please your Lordships, this is an appeal from a decision of Kejewich J., but there are other grounds of appeal.
    I can think of one or two DJ’s in the North of England, for whom the same approach would currently be appropriate, though I fear that in the more srous contemporary climate,this would be a dangerous approach to take.

  4. Mike - March 11, 2008

    My favourite (similar) incident at the CA was an opponent, on being rebuffed by Collins J with “..your second ground of appeal is not very strong..”, replied with “M’Lord – that is why it is my second ground of Appeal and not my first…”
    He lost