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18 October 2007
Issue: 7293 / Categories: Case law , Law digest
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Criminal Litigation

R (Lawson) v Stafford Magistrates’ Court [2007] All ER (D) 31 (Oct)

The defendant was charged with driving in excess of the speed limit. During his closing submissions, defence counsel raised for the first time the issues that the prosecution had to satisfy the court that the signs indicating the limit complied with the Traffic Signs Regulations and General Directions 2002 (SI 2002/3113) and that the speed measuring device should be tested.

 The justices invited the prosecution to apply for the case to be adjourned part heard so that these evidential issues could be addressed. The defendant contended that the justices erred in encouraging an adjournment.

HELD That a defendant might be prejudiced by an adjournment because of inconvenience and additional cost were not matters which should lead to a conclusion that the justices’ decision to adjourn was perverse. The parties should have attempted to identify the real issues at an early stage of the proceedings.

The defendant had sought to ambush the prosecution on the questions of temporary signage and the testing of the device. As a matter of law, the magistrates were entitled to adjourn the case to receive further evidence.

Issue: 7293 / Categories: Case law , Law digest
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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