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14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R (on the application of Choudhry) v Birmingham Crown Court [2007] EWHC 2764 (Admin), [2007] All ER (D) 417 (Oct)

The court considered a number of issues relating to bail and sureties, holding that:

(i)                   the jurisdiction of the magistrates to grant bail does not extend beyond the first occasion on which a defendant surrenders to the crown court;

(ii)                 it is both possible and lawful for a recognizance in crown court proceedings to be expressed as continuous until the conclusion of proceedings in the crown court;

(iii)                an order varying the conditions of bail, unconnected with the sureties in question, does not give rise to the need for sureties to be taken afresh;

(iv)                assuming that a defendant on bail is then allowed to continue on bail, whether on the same or varied terms, that amounts to a fresh grant of bail;

(v)                  provided the recognizances were in terms which made it clear that they continued to bind the surety until the end of the trial, they remain in force so long as bail is granted

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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