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18 November 2022 / David Walbank KC
Issue: 8003 / Categories: Features , Procedure & practice , Criminal , Clinical negligence
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Crime brief: 18 November 2022

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A recent case has underlined that equality before the law is one of the bedrocks of our justice system, no matter who is bringing the claim: David Walbank KC reports
  • Equality before the law.
  • Clinical negligence claim by prisoner convicted of attempted murder.
  • Statutory defence of fundamental dishonesty.

In the last ‘Crime brief’, we looked at one of two recent cases illustrating the principle that ‘all are equal before the law’ (‘Crime brief’, NLJ, 4 November 2022, p13).

The former king of Spain, Juan Carlos I, had been sued by his ex-mistress for harassment, the allegation being that he had arranged for agents of the Spanish intelligence service to carry out a campaign of intimidation and harassment by, among other things, placing her under surveillance, intercepting and monitoring her communications, burgling her home and deliberately leaving veiled threats with not-so-subtle references to the death of Princess Diana and the conspiracy theories which abound about the part played by MI6 and the CIA.

Juan

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NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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