Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange

Posted March 20th, 2012 in abuse of process, appeals, duress, news, perverting the course of justice, rape by sally

“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”

Full story

Halsbury’s Law Exchange, 19th March 2012

Source: www.halsburyslawexchange.co.uk

Regina v A (RJ) – WLR Daily

Posted March 16th, 2012 in abuse of process, Crown Prosecution Service, law reports, prosecutions by tracey

Regina v A (RJ): [2012] EWCA Crim 434;  [2012] WLR (D)  76

“A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Former cricketer Chris Cairns sues in libel tourism case – Daily Telegraph

“Ex-New Zealand cricketer Chris Cairns, who is suing a former Indian Premier League boss over a Twitter posting, will have his case heard by the High Court today in the latest example of libel tourism.”

Full story

Daily Telegraph, 5th March 2012

Source: www.telegraph.co.uk

High Street Gloom, Adjudication Boom – Hardwicke Chambers

Posted February 15th, 2012 in abuse of process, dispute resolution, jurisdiction, news by sally

“Forum shopping is an ill against which the courts are always vigilant to guard. Adjudication is a process that, naturally, is vulnerable to forum shopping because the parties have control over the selection of the tribunal that is to decide the dispute, which is unlike anything that would occur in the ordinary run of litigation.”

Full story

Hardwicke Chambers, 10th February 2012

Source: www.hardwicke.co.uk

Regina v Ideal Waste Paper Co Ltd and others – WLR Daily

Posted December 16th, 2011 in abuse of process, contamination, EC law, law reports, waste by tracey

Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D)  370

“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

Regina v F(S) – WLR daily

Posted July 25th, 2011 in abuse of process, appeals, delay, law reports, stay of proceedings by tracey

Regina v F(S) [2011] EWCA Crim 1844;  [2011] WLR (D)  242

“An application to stay criminal proceedings for abuse of process on grounds of delay and a submission of ‘no case to answer’ were two distinct matters which had to receive distinct and separate consideration. An application to stay for abuse of process on the grounds of delay could not succeed unless, exceptionally, a fair trial was no longer possible owing to prejudice to the defendant caused by the delay which could not fairly be addressed in the normal trial process, whereas on a submission of ‘no case’ the question was whether the evidence, viewed overall, was such that the jury could properly convict.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Cotter – WLR Daily

Posted April 20th, 2011 in abuse of process, capital gains tax, income tax, jurisdiction, law reports by sally

Revenue and Customs Commissioners v Cotter [2011] EWHC 896 (Ch); [2011] WLR (D) 137

“The court had jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 14th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Solicitors from Hell ‘abusing court process’, judge finds – Law Society’s Gazette

Posted April 4th, 2011 in abuse of process, defamation, internet, news, solicitors by sally

“The owner of Solicitors from Hell, the website that blacklists law firms and solicitors, has been accused by a High Court judge of abusing the process of the court.”

Full story

Law Society’s Gazette, 1st April 2011

Source: www.lawgazette.co.uk

Police ‘witch hunt’ criticised as former school master is cleared of abuse – The Independent

Posted September 24th, 2010 in abuse of process, child abuse, compensation, news, police, sexual offences, teachers by sally

“The case against a former approved school housemaster accused of sexual abuse was thrown out by a judge today – amid stinging criticism of police investigators.”

Full story

The Independent, 24th September 2010

Source: www.independent.co.uk

Regina v R (L) – WLR Daily

Regina v R (L) [2010] EWCA Crim 924; [2010] WLR (D) 126

“Where a defendant was charged with offences relating to indecent images of children, arrangements to provide his lawyers with copies of those images for the sole purpose of discharging their professional responsibilities to the defendant, and the acceptance by them of access to the material for that purpose, could not in any circumstances be regarded as criminal. Where the Crown had possession of such material it had to propose satisfactory arrangements to enable the defendant to have confidential, private discussions of the material with his lawyers, unsupervised and unobserved by police officers or Crown representatives.”

WLR Daily, 18th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal court upholds ruling that CPS case was abuse of process – Law Society’s Gazette

“A prosecution for possession of indecent images of a child has been stayed as an abuse of process after the Crown Prosecution Service refused to make copies of the images for the defence, claiming that to do so would lead CPS staff to commit an offence.”

Full story

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Recent Statutory Instruments – OPSI

Posted March 24th, 2010 in abuse of process, legislation by sally

The Saving Gateway Accounts Act 2009 (Commencement No. 2) Order 2010

The Capital Gains Tax (Annual Exempt Amount) Order 2010

The Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2010

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2010

The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving Provisions) Order 2010

The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 3) Order 2010

The Constitutional Reform Act 2005 (Commencement No.12) Order 2010

The Rules of the Air (Amendment) Regulations 2010

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2010

The Electricity (Standards of Performance) Regulations 2010

The Landfill Tax (Amendment) Regulations 2010

The Registered Pension Schemes (Standard Lifetime and Annual Allowances) Order 2010

The School Support Staff Negotiating Body (Excluded Persons) Regulations 2010

The Complaints against Schools (England) Regulations 2010

The Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010

The Renewables Obligation (Amendment) Order 2010

The Right to Manage (Prescribed Particulars and Forms) (England) Regulations 2010

The Motor Vehicles (International Circulation) (Amendment) Order 2010

The Air Navigation (Amendment) Order 2010

The International Criminal Court Act 2001 (Overseas Territories) (Amendment) Order 2010

The Welsh Zone (Boundaries and Transfer of Functions) Order 2010

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010

The Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010

The Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010

The Immigration Services Commissioner (Designated Professional Body) (Fees) Order 2010

The Police Pensions (Descriptions of Service) Order 2010

The Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010

The Service Voters’ Registration Period Order 2010

The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2010

The Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order (Amendment) Order 2010

The Credit Rating Agencies Regulations 2010

The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2010

The European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 2010

The Value Added Tax (Increase of Registration Limits) Order 2010

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 11th, 2009 in abuse of process, customs and excise, law reports, VAT by sally

Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283

“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original classification.”

WLR Daily, 10th August 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Nelson; R v Pathak; R v Paulet – WLR Daily

Posted July 31st, 2009 in abuse of process, appeals, confiscation, law reports, proceeds of crime by sally

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

WLR Daily, 30th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v Gore; R v Maher – WLR daily

Posted July 16th, 2009 in abuse of process, grievous bodily harm, law reports, penalties by sally

R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240

“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

WLR Daily, 15th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Pickthall Ltd v Hill Dickinson LLP and another – WLR Daily

Pickthall Ltd v Hill Dickinson LLP and another [2009] EWCA Civ 543; [2009] WLR (D) 183

“It was an abuse of process for a party to issue proceedings on the day before the limitation period expired in the knowledge that the cause of action was vested not in him but in his trustee in bankruptcy, despite the party’s intention of later seeking an assignment of the cause of action and amending the claim form so that the assignment (which had been obtained after the expiration of the limitation period) could be pleaded.”

WLR Daily, 12th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – Times Law Reports

Posted May 13th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece

Queen’s Bench Divisional Court

“The abuse of process jurisdiction in extradition proceedings did not include misconduct or bad faith by police in the requesting state.”

The Times, 13th May 2009

Source: www.timesonline.co.uk

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – WLR Daily

Posted May 8th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin); [2009] WLR (D) 146

The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”

WLR Daily, 6th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

TB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

Posted September 9th, 2008 in abuse of process, asylum, human rights, law reports by sally

TB (Jamaica) v Secretary of State for the Home Department

Court of Appeal

“It would be wrong as a matter of principle if the Secretary of State for the Home Department could circumvent the decision of an immigration appeal tribunal by an administrative decision.”

The Times, 9th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times online for 21 days from the date of publication.

McKinnon v Government of the United States of America – Times Law Reports

Posted August 6th, 2008 in abuse of process, extradition, law reports, plea bargaining by sally

McKinnon v Government of the United States of America

House of Lords

“A plea bargain offered by a foreign prosecutor to an accused person whose extradition was sought, particularly if offered during a regulated process of plea-bargaining, did not constitute an abuse of process unless it was so extreme as to amount to a threat of unlawful action which imperilled the integrity of the extradition process.”

The Times, 6th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.