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18 January 2008
Issue: 7304 / Categories: Case law , Law digest
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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 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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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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