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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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