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13 December 2007
Issue: 7301 / Categories: Case law , Law digest
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Civil Litigation

R v Foster [2007] EWCA Crim 2869, [2007] All ER (D) 507 (Nov); R v Coutts [2006] 4 All ER 353 (HL)

Whenever alternative verdicts should be left to the jury, the judge should so direct them, notwithstanding united submissions on behalf of both the prosecution and the defence to the contrary.

In making this judgment, the judge must be alert to the possibility of any consequent unfairness, usually to the defendant, but not excluding the possibility of unfairness to the prosecution. It does not necessarily follow from the defendant’s admission of a lesser or different crime to the crime charged that the jury must be given an opportunity to return a verdict on the basis of the admitted criminal conduct. The alternative verdict may be remote from the more serious allegation made by the prosecution and the real issues in the case.

Accordingly, not every alternative verdict must be left to the jury. The judge may decide that a lesser alternative verdict should not be left to the jury if that verdict can properly be described in its legal and factual context as trivial, or insubstantial, or where any possible compromise verdict would not reflect the real issues in the case.

Issue: 7301 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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