header-logo header-logo

18 January 2008
Issue: 7304 / Categories: Case law , Law digest
printer mail-detail

Civil litigation

Mote v Secretary of State for Work and Pensions [2007] EWCA Civ 1324, [2007] All ER (D) 212 (Dec)

The continuation of civil proceedings pending the hearing of criminal proceedings arising out of the same facts, does not of itself give rise to a breach of the Human Rights Act 1998.

A relevant consideration is whether or not the continuation of the civil proceedings will give rise to a real risk of prejudice to the defendant in the criminal proceedings.

If there is a risk of prejudice, then that will weigh heavily in favour of an adjournment pending the conclusion of the criminal proceedings, but it will not necessarily be decisive (Lord Justice Richards at para 31).

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll