[2025] EWCA Crim 1172

The renewed application came before the full court on 20 September 2024. It was apparent that at that stage no thought had been given to the status of the Legal Ombudsman's report because, when properly analysed and as is now common ground, it was inadmissible opinion evidence. On the other hand, it did contain materials which were not available to the sentencing judge. It showed, or might show, that there had been inadequate legal representation. Accordingly, at the hearing on 20 September the full court adjourned the hearing and gave directions that: a proper waiver of legal professional privilege be provided to the applicant's former solicitors; a witness statement be provided by the applicant setting out what he would have done had he been given the advice he contended that he should have been given; an appeal bundle be prepared; the Crown attend the hearing of the renewed application; and the Crown would then have the opportunity to cross-examine the applicant, if so advised.