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It’s a wonderful life!

11 December 2019 / Mark Pawlowski
Issue: 7868 / Categories: Features
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Mark Pawlowski takes a festive look at some of the more humorous cases taken from the English & Commonwealth law reports

Contacting the spirit world

Very spooky behaviour can be found in the criminal law case of R v Young [1955] QB 324. Four members of a jury, while staying overnight in a local hotel, used a ouija board to contact the victim of a murder to determine the guilt or innocence of the accused. The Court of Appeal, not surprisingly, held that this was a material irregularity and duly quashed the conviction for murder.

Unreasonable behaviour?

Most family law practitioners will be aware of O’Neill v O’Neill [1975] 3 All ER 289. This involved a wife’s petition for divorce, which was based on her husband’s unreasonable behaviour in embarking on an extensive two-year programme of renovation of the matrimonial home in order to cure dampness under the floorboards. As part of this work, the toilet door was removed for a period of eight months, causing great embarrassment to the wife and

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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