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Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

New procedures for judges considering an application for a voluntary bill of indictment. The rules provide for compliance with the acts and rules governing such bills, and detailed disclosure of charges refused by magistrates, of the evidence which brought the bill within the rules. It should be for exceptional considerations of justice not administrative convenience. … Continue reading Practice Direction (Crime: Voluntary Bills): LCJ 5 Aug 1999

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Regina v Laming: CACD 1989

The defendant appealed saying that the court clerk had signed the indictment in the wrong place. Held: The signature had been intended to validate the indictment. The appeal failed. Citations: (1989) 90 Cr App R 450 Statutes: Administration of Justice (Miscellaneous Provisions) Act 1933 1 2, Indictment (Rules) 1971 (1971 No 1253) 4(1) Jurisdiction: England … Continue reading Regina v Laming: CACD 1989

Rothermere v Times Newspapers Ltd: CA 1973

The court considered whether to order a defamation trial to be heard by judge alone, rather than before a jury. Held: The criterion that the trial requires a prolonged examination of documents is basic and must be strictly satisfied, and it is not enough merely to show that the trial will be long and complicated. … Continue reading Rothermere v Times Newspapers Ltd: CA 1973

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

Serious Fraud Office v Evans and Others: QBD 14 Nov 2014

The court faced an application by the SFO for a voluntary bill of indictment. Similar charges against the defendants had been discharged. The allegations involved very substantial alleged frauds. Fulford LJ [2014] EWHC 3803 (QB) Bailii Administration of Justice (Miscellaneous Provisions) Act 1933 2(2)(b) England and Wales Citing: Cited – Regina (on the Application of) … Continue reading Serious Fraud Office v Evans and Others: QBD 14 Nov 2014

Gadd, Regina v: QBD 10 Oct 2014

The prosecutor sought leave to bring a voluntary bill of indictment, to pursue historic sex abuse allegations against the defendant. The defendant objected to counts founded on facts which were the substance of a charge of indecent assault considered at an old style committal hearing when a Stipendiary Magistrate had ordered a stay of the … Continue reading Gadd, Regina v: QBD 10 Oct 2014

Fiddes v Channel Four Television Corporation and Others: CA 29 Jun 2010

The claimants in a defamation case made an interlocutory appeal against an order for trial by judge alone. The parties had agreed for trial by jury, but the defendants made a late application for trial by judge alone. Held: The claimant’s appeal failed. The right to a trial by jury is a constitutional right subject … Continue reading Fiddes v Channel Four Television Corporation and Others: CA 29 Jun 2010