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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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