Regina v YDG: Regina v ZSB: [2012] EWCA Crim 2437; [2012] WLR (D) 332
“Where a judge had directed, pursuant to section 29 of the Criminal Procedure and Investigations Act 1996, that there should be a preparatory hearing, and the conditions of that section were satisfied, he had no power to revoke his direction.”
WLR, 20th November 2012
Source: www.iclr.co.uk
“Mr Justice Tugendhat has slammed a claimant who attempted to sue London Evening Standard journalist Andrew Gilligan calling the case an ‘attempt at extortion’.”
The Lawyer, 20th November 2012
Source: www.thelawyer.com
“Where it was alleged that illegal actions of state agents constituted an abuse of the process of the court, it was not necessary to prove actual knowledge of that illegality for abuse of process to be established. There might be situations where mere recklessness or even negligent conduct could justify a stay on grounds of abuse of process.”
WLR Daily, 19th October 2012
Source: www.iclr.co.uk
“Two men accused of being part of a ‘prolific extremist network’ have lost their appeal against control orders.”
BBC News, 19th October 2012
Source: www.bbc.co.uk
“A report of a County Court mortgage possession case has reached us, in which the secured lender’s behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received.”
NearlyLegal, 30th September 2012
Source: www.nearlylegal.co.uk
“Four of the terrorists convicted for the 21 July 2005 bomb plot will launch an attempt to have their sentences quashed following claims by a former senior government scientist that key forensic evidence used to jail the attackers was flawed.”
The Guardian, 19th September 2012
Source: www.guardian.co.uk
Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151
“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145
“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
Adams and others v Ford and others [2012] EWCA Civ 544; [2012] WLR (D) 125
“It was not right to lay down a categorical rule that the issue of proceedings without valid authority from a claimant ought necessarily to amount to an abuse of the process of the court. The principle in Presentaciones Musicales SA v Secunda [1994] Ch 271, that a claimant could ratify and adopt proceedings started in his name by a solicitor without authority, remained binding on the court.”
WLR Daily, 26th April 2012
Source: www.iclr.co.uk
“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.”
Halsbury’s Law Exchange, 19th March 2012
Source: www.halsburyslawexchange.co.uk
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
“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.”
Daily Telegraph, 5th March 2012
Source: www.telegraph.co.uk
“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.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
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) [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 [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.
“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.”
Law Society’s Gazette, 1st April 2011
Source: www.lawgazette.co.uk
“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.”
The Independent, 24th September 2010
Source: www.independent.co.uk
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.
“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
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