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31 May 2024
Issue: 8073 / Categories: Case law , In Court , Law digest
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Law digests: 31 May 2024

Criminal law

R v Ng and another [2024] EWCA Crim 493, [2024] All ER (D) 62 (May)

The Court of Appeal, Criminal Division, held that the failure of the Crown Prosecution Service to field a prosecutor to conduct the defendants’ trial for assault, among other things, had not been capable of amounting to an abuse of process justifying a stay of proceedings. Accordingly, the court allowed the prosecution’s appeal, under s 58 of the Criminal Justice Act 2003, against the terminating ruling, reversed the terminating ruling and ordered a resumption of the proceedings in the Crown Court. The court also gave guidance to judges facing difficulties arising out of non-attendance by trial counsel. On the substantive appeal, the court held, among other things, that: (i) there were two species (or limbs) of abuse justifying a stay, first, when a fair trial was not possible; and second, where it offended the court’s sense of justice and propriety, or public confidence in the criminal justice system would be undermined, for the defendant to be tried in the particular circumstances of the case; (ii)

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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