header-logo header-logo

Third party season

04 November 2010 / John Cooper KC
Issue: 7440 / Categories: Opinion , Procedure & practice , Profession
printer mail-detail

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again...

John Cooper QC reports on the growth of the third party summons

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again, because in any criminal trial at any court centre, whether the allegations are fraud, murder, rape or robbery a company or private individual who thinks they have nothing to do with the proceedings could find themselves spending time and money in preparation for an appearance in a criminal trial as a witness.

I am, of course, referring to the Third Party Disclosure Regime in the criminal courts. It has been with us for some time, but in this interactive age, it has never been more vibrant.

As a matter of law, where it is sought to obtain material from third parties, upon whom there is no prior duty of disclosure, a defendant or indeed the

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll