Wang v Darby [2024]
[2025] EWCA Civ 67
The Court of Appeal handed down judgment in a decision which likely brings an end to this long running and significant litigation. In a judgment handed down on 4 February 2025, the Court of Appeal reduced Mr Darby’s sentence to time served, namely 292 days. The Defendant had been sentenced to 18 months immediate imprisonment, following the trial of a contempt application on 4 June 2024.
The decision is a helpful illustration of the wide-ranging powers available to the Court of Appeal under section 13 of the Administration of Justice Act 1960. Indeed, the appeal was essentially decided on the basis of fresh evidence. It is well known that in cases which do not concern committal of a person to imprisonment, it can be extremely difficult to obtain permission to adduce fresh evidence on appeal.