Tue, 15 May 2012
On 15th May 2012, The Court of Appeal quashed a restraining order in R v Brown.
The appeal was allowed out of time against the imposition of a restraining order which had the effect of prohibiting a relationship between two consenting adults, reiterating the decision of the Court in R v Picken  EWCA Civ Crim 2194 that it is not the the function of the court to protect adults (who know their own minds) from themselves.
Article 8 ECHR had been relied upon in the grounds but the Court saw no need to go that far.
James Dixon appeared for the appellant, instructed by Argyles Solicitors, Tamworth.