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22 September 2023
Issue: 8041 / Categories: Case law , In Court , Law digest
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Law digests: 22 September 2023

Criminal law

BHQ v R [2023] EWCA Crim 1018, [2023] All ER (D) 25 (Sep)

The Court of Appeal, Criminal Division, ruled that it had jurisdiction to deal with a ruling made in a pre-trial preparatory hearing pursuant to s 29 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996), concerning the question of abuse of process. The court so ruled in circumstances where the Registrar of Criminal Appeals had referred the defendant’s application for permission to appeal to the full court, and where the question had been whether a ruling on an application for a stay for abuse of process was one concerning ‘any other question of law relating to the case’, within the meaning of s 31(3), CPIA 1996. The court held that appeals from rulings in preparatory hearings were in respect of questions of law, the resolution of which commonly involved making findings of fact or required the judge to make evaluative assessments. On the facts, the defendant’s application for leave to appeal against the judge’s ruling was dismissed.


Defamation

Wright

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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
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
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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