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

R v Taylor [2008] All ER (D) 272 (Feb)

The defendant was unable to attend court during the course of his trial. The judge concluded that, although the defendant had a legitimate medical reason for his absence, the trial should continue in his absence.

HELD In cases where the defendant is absent involuntarily, the judge is obliged to consider how long the proposed adjournment is likely to be and the extent to which the legal representatives could, in the defendant’s absence, receive and act on instructions.

The court should take into account the public interest in ensuring continuous trials; the public interest does not allow the trial to be put off for an indefinite period.

However, where a defendant is absent through ill health, the judge must be astute to see if an adjournment for a short period will allow the defendant to recover, and such an adjournment should not be refused unless the circumstances compel it.

If the judge has doubts about the genuineness or gravity of the defendant’s symptoms, the proper course is to adjourn

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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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