header-logo header-logo

Autrefois acquit

23 July 2009
Issue: 7379 / Categories: Case law , Law digest
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll