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Between a rock & a hard place?

10 January 2019 / Jason Woodland
Issue: 7823 / Categories: Features , Procedure & practice , Profession , Criminal
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Jason Woodland on parallel criminal & civil proceedings

  • Two recent court decisions reaffirm that there must be a ‘real’, rather than merely ‘notional’, risk of injustice when applying to stay civil fraud claims because of a related criminal investigation.

Defendants to civil proceedings for fraud will often find themselves also subject to parallel criminal proceedings or investigations. This can leave the defendant in a difficult position: how to deal with the civil claim before knowing the extent of the criminal charges or the evidence relied on by the prosecution?

Uncompromising approach

In recent times, the civil courts have taken an uncompromising approach to defendants faced with this problem, and required them to deal with both sets of proceedings in parallel. A defendant faced with this situation is often perceived as trying to ‘play the system’ and avoid setting out their position. As the judge put it in Panton v Financial Institutions Services Limited [2003] UKPC 95, [2003] All ER (D) 294 (Dec) ‘a stay would not be granted

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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