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28 June 2007
Issue: 7279 / Categories: Case law , Law digest
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Criminal Litigation

R v Kepple [2007] EWCA Crim 1339, [2007] All ER (D) 107 (Jun)

Where the defendant is being tried in his absence but counsel continues to act, he should conduct the case as though his client were still present in court but had decided not to give evidence on the basis of any instruction he had received.

He is free to use any material contained in his brief and may cross-examine prosecution witnesses and call defence witnesses. Counsel is entitled to ask questions of prosecution witnesses in as much detail as he wishes based on his instructions, but without indicating what the defendant’s evidence might have been and in the knowledge that he will not be able to call evidence to contradict the answers given.

He is entitled to conduct cross examination on this basis in the hope of either showing that his absent client’s instructions are accepted by the witnesses or casting doubt upon the coherence or accuracy of their accounts.

Issue: 7279 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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