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17 May 2007
Issue: 7273 / Categories: Case law , Law digest
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Criminal Litigation

R v Gautier [2007] All ER (D) 137 (May)

Where an appellant seeks to rely on fresh evidence by calling a witness who was not called at trial as a result of the advice or decision of the  defendant’s counsel and it is alleged that the advice or decision was mistaken, the Court of Appeal will not admit the evidence unless there is a lurking doubt that injustice was caused by flagrantly incompetent advocacy. It would seldom, if ever, be a reasonable explanation for not calling a witness that the risk of calling him was considered to be too great and counsel had advised that he should not be called.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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