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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R (Thornhill) v Uxbridge Magistrates’ Court [2008] EWHC 508 (Admin), [2008] All ER (D) 08 (Mar)

The accused was arrested near the scene of a road traffic accident. It was accepted that he had a medical reason precluding him from providing a specimen of breath. He was asked to provide a specimen of urine instead.

He refused. He was charged with failing to provide a specimen of breath. The prosecution later sought to amend the charge to allege failure to provide a specimen of urine. By that time the sixmonth time limit for commencing proceedings in respect of the failure to supply a specimen of urine had expired.

HELD There is a distinct difference between a failure to provide a specimen of urine and one of breath. In those circumstances the decision of the justices to permit the amendment of the charge had to be quashed. It was therefore unnecessary to consider whether the amendment was or was not in the interests of justice.
 

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

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Stevens & Bolton—Alexa Payet

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Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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