header-logo header-logo

24 June 2010 / Sophie Kemp , Stephen Parkinson
Issue: 7423 / Categories: Opinion , Costs
printer mail-detail

Reimbursing acquitted defendants

Ken Clarke, the newly appointed lord chancellor, faced a dilemma within days of taking up his new job.

Ken Clarke, the newly appointed lord chancellor, faced a dilemma within days of taking up his new job. Should he abandon the previous government’s scheme, introduced last October, which for the first time had forced many acquitted defendants to bear most of the costs they had paid for their defence? He was facing a judicial review action brought by the Law Society which was to be heard within days and his prospects did not look good.  In opposition, the Conservatives had opposed the scheme, and it was deeply unpopular with the legal profession and, to the extent that they were aware of it, the public.

It should have been an easy call, but the timing was difficult. How would it look to abandon potential savings of £20m when the government was hoping to achieve £6bn of savings this year? In the end he chose to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll