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12 January 2012 / Hle Blog
Issue: 7496 / Categories: Blogs
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Seeing both sides

HLE Blogger & NLJ consultant editor David Greene recounts the experiences of a civil litigator in the criminal court

"As some of us do from time to time in the course of our civil litigation practices, we venture into the criminal world on behalf of existing clients who face criminal sanction for some alleged transgression. Often, this type of work for the civil litigator is pushed over to a firm undertaking criminal law as a full time practice. Sometimes, however, clients additionally demand the personal attention of their solicitor to ensure that there is some oversight as to what is happening.

For the civil litigator, the criminal world works in a strangely relaxed and sometimes bizarre fashion. From recent experience, it is not uncommon for witnesses, the accused, or even the relevant judge, not to turn up and for the matter to be routinely adjourned. On occasion, the reason for adjournment is a lack of communication between the court and the prison service—no notice of production and the prisoner is not produced.

There are, of course, more significant issues at stake in the criminal court than in the civil court. At the end of the day, one can be looking at very serious crimes and of course a most important human right—the freedom of the individual—but the way in which the criminal courts work seems, to this civil litigator, vastly wasteful. The relaxed way in which fixed dates are approached would not be tolerated in the civil courts. As a civil practitioner, we become frustrated with the way in which the county courts work from time to time, but it is rare that they will allow repeated adjournments of cases, as appears to happen quite regularly in the criminal courts.

There are other marked differences. First, a dip into the criminal system and consequent discussions with barristers and clerks reminds you of the low levels of remuneration for the junior Bar at both magistrates and crown court level…”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7496 / Categories: Blogs
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

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Ellisons—Sarah Osborne

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Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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