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11 December 2019 / Mark Pawlowski
Issue: 7868 / Categories: Features
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It’s a wonderful life!

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Mark Pawlowski takes a festive look at some of the more humorous cases taken from the English & Commonwealth law reports

Contacting the spirit world

Very spooky behaviour can be found in the criminal law case of R v Young [1955] QB 324. Four members of a jury, while staying overnight in a local hotel, used a ouija board to contact the victim of a murder to determine the guilt or innocence of the accused. The Court of Appeal, not surprisingly, held that this was a material irregularity and duly quashed the conviction for murder.

Unreasonable behaviour?

Most family law practitioners will be aware of O’Neill v O’Neill [1975] 3 All ER 289. This involved a wife’s petition for divorce, which was based on her husband’s unreasonable behaviour in embarking on an extensive two-year programme of renovation of the matrimonial home in order to cure dampness under the floorboards. As part of this work, the toilet door was removed for a period of eight months, causing great embarrassment to the wife and the parties’ teenage daughter and friends. In the words of

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

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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