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17 May 2007
Issue: 7273 / Categories: Case law , Law digest
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Criminal Litigation

R v M (No 2) [2007] EWCA Crim 970, [2007] All ER (D) 258 (Apr)

Although rulings made in the course of preparatory hearings should normally continue throughout the trial, they are not immutable. If the interests of justice as a whole so require, a ruling at a preparatory hearing might be changed.

Although a Crown Court judge cannot vary or reverse any ruling consequent on the decision of the Court of Appeal merely because he disagrees or believes it to be wrong, the jurisdiction under s 31(11) of the Criminal Procedure and Investigations Act 1996 does not expire just because the ruling in question was made by the Court of Appeal.

If a ruling made at a preparatory hearing is overturned on appeal but the Court of Appeal differently constituted in a subsequent case holds that the earlier case was decided per incuriam, the judge is bound to follow the later decision, since any rulings of law made at preparatory hearings must correctly reflect the law which will govern the trial.

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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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