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23 July 2009
Issue: 7379 / Categories: Case law , Law digest
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Autrefois acquit

Coke-Wallis v Institute of Chartered Accountants in England and Wales [2009] EWCA Civ 730; [2009] All ER (D) 147 (Jul)

For the doctrine of autrefois acquit to apply, it was necessary that the accused should have been put in peril of conviction for the same offence as that with which he was then charged. The word “offence” embraced both the facts which constituted the crime and the legal characteristics which made it an offence. For the doctrine to apply, it would have to be the same offence both in fact and law, or offences which were substantially the same. Legal characteristics were precise things and were either the same or not. Autrefois acquit should be kept within limits that were precise.

There was a public interest in the finality of litigation and in a defendant not being vexed twice in the same matter; but that whether an action was an abuse of process as offending against the public interests involved all the facts of the case, the crucial question being whether the claimant was in all the circumstances misusing or abusing the process of the court. The court required parties to litigation to bring forward their whole case, and would not permit the same parties to open the same subject of litigation in subsequent proceedings which were not brought forward in the first proceedings only because they had, from negligence, inadvertence or even accident, omitted part of their case.

Issue: 7379 / Categories: Case law , Law digest
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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

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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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