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21 June 2024
Issue: 8076 / Categories: Case law , In Court , Law digest
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Law digests: 21 June 2024

Criminal law

R (on the application of McGill) v ­Newcastle Magistrates Court [2024] EWHC 1207 (Admin), [2024] All ER (D) 18 (Jun)

The Administrative Court, in allowing the claimant’s judicial review claim, held that the decision of the Acting Legal Team Manager (Crime) of the defendant magistrates’ court, refusing to issue a summons against the claimant’s former business partner (Mr H) (the impugned decision), had been unlawful. The impugned decision had referred to the fact that the claimant had brought a private prosecution against Mr H and his wife which the Crown Prosecution Service (CPS) had taken over and discontinued. However, the discontinued proceedings concerned the alleged forgery of banking documents, whereas the request for the summons in the present judicial review concerned an allegation of forgery of a shareholder agreement. The court held that the failure, in making the impugned decision, to appreciate that the CPS had not considered the shareholding agreement forgery allegation had been a public law material failure to have had regard to an obviously relevant consideration, and that, in public law terms, it vitiated the decision. It held

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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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