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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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