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09 August 2007
Issue: 7285 / Categories: Legal News , CPR
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Court moves to protect privilege

News

A court does not have the power to order the defence to serve details identifying defence witnesses under the guise of the Criminal Procedure Rules 2005 (CrimPR), the High Court has ruled.

In R (on the application of Kelly) v Warley Magistrates’ Court and another the court said that any such requirement would require statutory authority.
The case, a judicial review of a decision by Deputy District Judge Stott at Warley Magistrate’s Court, looked at the scope of legal professional privilege and litigation privilege, the nature of the legal authority required if these privileges are to be lawfully overridden, and the proper construction of provisions contained in the CrimPR.

In the original case, the judge had directed that the defence should disclose to the Crown Prosecution Service the names, addresses and dates of birth of all potential defence witnesses in connection with the claimant’s forthcoming trial. Lord Justice Laws and Mr Justice Mitting, however, said an unconditional order for the disclosure such material infringes privilege rules and should be quashed.

Andrew Keogh, a partner at Tuckers Solicitors, says: “Regrettably some judges have treated the criminal procedure rules as a ‘ways and means Act’ and have used them to try and cure perceived deficiencies in the disclosure regime. This important judgment makes clear the somewhat limited scope of the rules in this regard.”

Issue: 7285 / Categories: Legal News , CPR
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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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