No appeal will go ahead. Send no money.
Technical legal reasons (coupled with limited funding) mean that the intention
to appeal has been abandoned.
Short Statement by Idris Francis:
I have now been advised by
my barrister and solicitor that there is no
You can still support Safe Speed (click
better than a 1 in 4 chance of winning
my "unsigned form" case in the
Lords, even if it got that far - and
a significant chance that it would not
Further, the costs could easily escalate
into many tens of thousands of
pounds - a risk I cannot take. Accordingly
there will be no appeal.
Many thanks to those who have offered
to help fund it.
My application to the ECHR over the
right to silence continues
Following a recent High Court Case where
motorist's hero, Idris Francis lost an appeal regarding the issue of signing
a "S172" form, we have agreed to manage a fund in the hope of appealing
the matter to the House of Lords.
You can read about the recent High Court
We are still waiting for the full written
judgment to be published, but rest assured we will publish it for all to
see as soon as possible.
We have Idris Francis' exclusive authority
to operate this appeal for funds. Contact: (email)
|Making a decision on an
appeal to the House of Lords
It has not yet been decided if an appeal
will go ahead. There are two particular constraints that make the decision
impossible for now. As follows:
Idris Francis is already some £8,000
pounds out of pocket over this matter and will not finance further legal
action. Quite right too. This appeal would therefore need to raise sufficient
funds to cover the cost of appeal, presently estimated at £12,000.
Following the publication of the judgment,
there will exist a 21 day time "window" during which an appeal application
must be made. We are expecting this 21 days to expire on about 20th April.
If we have not gathered sufficient support for the appeal by that date
the appeal will not be able to go ahead.
No rational decision is possible without first
examining the full text of the judgment. We are expecting the judgment
to be available on or around 30th March 2004.
If we wait to launch the appeal for funds
until a decision has been reached based on the judgment, it may be too
late to raise the required funding.
|Is this case worth appealing?
There's a chance of bringing down speed camera
In the House of Lords we get the chance to
air wider "public interest" arguments
At Safe Speed we find the "for" arguments
quite persuasive. We believe that the we have sufficient evidence to prove
the public interest case, and that might enable a beneficial change in
law. It could mark an immediate return to real road safety.
The chances of winning appear fairly slim
We might be able to do more good with the
same cash spent elsewhere
Even if we did win, they would probably go
on and repair the law relatively quickly
This isn't a major battle in the war for real
road safety - it's just a side show
|What will we do with the
Since we cannot know that an appeal to
the House of Lords will go ahead, the following rules apply:
1) Donations are not be returnable
if the appeal does not go ahead.
We have looked at the options, and the admin
overhead and costs of processing make returning unused funds unreasonable,
especially with a large number of small donations.
2) First call on the net funds*
is the Idris Francis appeal to the House of Lords.
The primary purpose of the fund is to enable
the appeal. If the fund is sufficient and the appeal goes ahead, the fund
will pay for the appeal.
* [net funds] means the funds remaining after
third party processing charges. (e.g. PayPal and Credit Card commission
3) Left over or unused funds
will go into Safe Speed's general fund.
We promise to use left over or unused funds
in the interests of genuine road safety.
Safe Speed encourages comments, further
information and participation from our visitors. See our (forums).
Read about our comments policy (here).