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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R v Marchese [2008] All ER (D) 150 (Feb)

 The decision in R v Clarke and another [2008] UKHL 8, [2008] All ER (D) 69 (Feb) does not overrule the approach in R v Thompson (1914) 9 Crim App R 252, [1914] 2 KB 99 and so an indictment is not rendered a nullity because a count in that indictment is duplicitous.

Accordingly, the fact that a count is held to be duplicitous does not necessarily require the quashing of the conviction.
 

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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

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

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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