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20 April 2007
Issue: 7269 / Categories: Case law , Law digest
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Criminal Litigation

R (Gillan) v DPP [2007] EWHC 380, [2007] All ER (D) 185 (Feb)

(a) applications for judicial review of interlocutory rulings by crown court judges where the decision is not one involving trial on indictment should be relatively rare and exceptional;

(b) a crown court judge has jurisdiction to allow a fresh Newton hearing to take place (even though one took place in the magistrates’ court before the defendant was committed for sentence) if satisfied that it is in the interests of fairness and justice to do so. 

However, the judge should not ordinarily allow a defendant to re-open findings of fact determined by a magistrates’ court unless the defendant can point to some significant development or matter, such as important further evidence discovered since the magistrates’ court reached its conclusion on the facts.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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