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Judges decide over ball game case | Judges decide over ball game case |
(about 21 hours later) | |
Two high court judges were asked to decide "what is football?" after neighbours fell out over a kick-about in an exclusive, residents-only garden. | Two high court judges were asked to decide "what is football?" after neighbours fell out over a kick-about in an exclusive, residents-only garden. |
Christopher Fleming-Brown, 46, from Kensington, west London, was taken to court by Paula Lawton, 63, after playing ball with his son, aged five. | Christopher Fleming-Brown, 46, from Kensington, west London, was taken to court by Paula Lawton, 63, after playing ball with his son, aged five. |
She accused him of turning the lawn garden into a recreation ground and breaching local by-laws. | |
Magistrates dismissed Ms Lawton's claim but she is challenging their ruling. | Magistrates dismissed Ms Lawton's claim but she is challenging their ruling. |
Retrial 'inappropriate' | Retrial 'inappropriate' |
The case concerned the alleged breach of by-laws governing the Arundel and Elgin gardens in the area close to Notting Hill. | |
Last November West London Magistrates said the banker's kick-abouts with his son did not amount to football in the eyes of the law. | Last November West London Magistrates said the banker's kick-abouts with his son did not amount to football in the eyes of the law. |
She successfully challenged the magistrates' ruling before two senior judges at the High Court on Wednesday but was denied a retrial. | She successfully challenged the magistrates' ruling before two senior judges at the High Court on Wednesday but was denied a retrial. |
Lord Justice Waller, sitting with Mr Justice Treacy, said: "We think the justices took too narrow a view of what constituted football or a similar game by paying too much attention to the dictionary definition, which referred to two teams seeking to put the ball into the opposition's goal. | Lord Justice Waller, sitting with Mr Justice Treacy, said: "We think the justices took too narrow a view of what constituted football or a similar game by paying too much attention to the dictionary definition, which referred to two teams seeking to put the ball into the opposition's goal. |
Think of the cost of two High Court judges, magistrates, court clerks and the rest employed in a dispute that has dragged on for two years Andrew Gregg, defence solicitor | Think of the cost of two High Court judges, magistrates, court clerks and the rest employed in a dispute that has dragged on for two years Andrew Gregg, defence solicitor |
"By any common-sensical, natural interpretation the respondent and his son were playing football or a similar game." | "By any common-sensical, natural interpretation the respondent and his son were playing football or a similar game." |
But the judge said a retrial would be "inappropriate" and Mr Fleming-Brown's acquittal would still stand. | But the judge said a retrial would be "inappropriate" and Mr Fleming-Brown's acquittal would still stand. |
The garden by-laws have now been changed to allow ball games between parents and children. | |
Ms Lawton told the judges: "You got the decision right, but still found against me. This is very shocking." | Ms Lawton told the judges: "You got the decision right, but still found against me. This is very shocking." |
Mr Fleming-Brown said he had to defend himself as a conviction could have affected his ability to fly to the US on business trips. | Mr Fleming-Brown said he had to defend himself as a conviction could have affected his ability to fly to the US on business trips. |
His solicitor Andrew Gregg said the case was frivolous and a waste of time and public money. | His solicitor Andrew Gregg said the case was frivolous and a waste of time and public money. |
"Think of the cost of two High Court judges, magistrates, court clerks and the rest employed in a dispute that has dragged on for two years", he added. | "Think of the cost of two High Court judges, magistrates, court clerks and the rest employed in a dispute that has dragged on for two years", he added. |
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