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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

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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