The court considered whether civil proceedings should be delayed pending the conclusion of criminal proceedings: ‘where injuries are inflicted on an individual under circumstances which constitute a felony, that felony cannot be made the foundation of a civil action at the suit of the person injured against the person who inflicted the injuries until the latter has been prosecuted or a reasonable excuse shown for his non-prosecution.’
Judges:
Swinfen Eady LJ
Citations:
[1914] 3 KB 98
Jurisdiction:
England and Wales
Cited by:
Cited – Panton and others v Financial Institutions Services Ltd PC 15-Dec-2003
(Jamaica) The appellants faced both civil and criminal proceedings. They sought a stay of the civil proceedings pending the disposal of the civil proceedings. They appealeed a saying that the rule in Smith v Selwyn applied.
Held: The rule is . .
Discarded – Jefferson Ltd v Bhetcha CA 1979
The plaintiffs brought a claim to recover monies appropriated by a former employee who was also facing prosecution for offences in connection with the same matters. The defendant sought a stay of the application for summary judgement.
Held: . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 06 May 2022; Ref: scu.199224
