Civil litigation

18 January 2008

Issue: 7304 / Categories: Case law , Law digest

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).

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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 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

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Civil litigation

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Morgan Lewis—Kat Gibson

Foot Anstey McKees—Chris Milligan & Michael Kelly