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23 July 2009
Issue: 7379 / Categories: Case law , Law digest
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Autrefois acquit

Coke-Wallis v Institute of Chartered Accountants in England and Wales [2009] EWCA Civ 730; [2009] All ER (D) 147 (Jul)

For the doctrine of autrefois acquit to apply, it was necessary that the accused should have been put in peril of conviction for the same offence as that with which he was then charged. The word “offence” embraced both the facts which constituted the crime and the legal characteristics which made it an offence. For the doctrine to apply, it would have to be the same offence both in fact and law, or offences which were substantially the same. Legal characteristics were precise things and were either the same or not. Autrefois acquit should be kept within limits that were precise.

There was a public interest in the finality of litigation and in a defendant not being vexed twice in the same matter; but that whether an action was an abuse of process as offending against the public interests involved all the facts of the case, the crucial question being whether the claimant was in all the circumstances misusing or abusing the process of the court. The court required parties to litigation to bring forward their whole case, and would not permit the same parties to open the same subject of litigation in subsequent proceedings which were not brought forward in the first proceedings only because they had, from negligence, inadvertence or even accident, omitted part of their case.

Issue: 7379 / Categories: Case law , Law digest
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MOVERS & SHAKERS

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

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

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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