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Scope of Defendant’s Duty of Care

  • June 18, 2021

In two landmark cases regarding the scope of a defendant’s duty of care, two similarly constituted extended seven-justice Supreme Court panels today handed down judgments in cases which concerned, firstly, the duty in the context of a claim for clinical…

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No Order on Mother’s Circumcision Application

  • June 14, 2021

P’s mother, with the father’s support, applied to the Court for authorisation for P to be circumcised in accordance with the Muslim faith and wished the procedure to be undertaken forthwith and, in any event, before P’s second birthday. The…

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Fact Finding Approach in JR Proceedings

  • June 6, 2021

Adopting what he described as a common-sense approach to the evaluation of the evidence as a whole, Linden J applied the burden of proof and took into account that there had been no ‘live’ evidence or cross-examination in the judicial…

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Limitation Period and Midnight Deadline

  • May 21, 2021

When the deadline is midnight, is there a complete  undivided day following the expiry of the deadline which should be included when calculating the limitation period? That is the question the Supreme Court decided in a judgment delivered today: Matthew…

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Perverse Acquittals: A Right of Appeal?

  • May 5, 2021

What is it that makes the verdict of a jury so special? If a District Judge sitting in a Magistrates’ Court, properly directing himself or herself that there is in law no defence to a charge, but nonetheless decides it…

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Criminal Attempt: The Fine Line

  • April 28, 2021

Following the decision of a Crown Court Recorder to accede to a defence submission of no case to answer on a charge of attempted child abduction, the matter came before the Court of Appeal : Application by Prosecution for Leave…

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The Meaning of Dwelling

  • April 26, 2021

Although in most cases it is obvious if a building is a dwelling, it fell to the Court of Appeal to determine whether, in the instant case, the burglary of a hotel room was the burglary of a dwelling:  Bruce…

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Court’s Direction on Self-Induced Intoxication

  • April 23, 2021

When is it necessary for a court to give a direction on the relevance of self-induced intoxication? The Court of Appeal was concerned that the present state of authorities was likely to create uncertainty, and practitioners may care to read…

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Bad Character: Deficient Direction

  • April 21, 2021

  The Court of Appeal emphasised today that it remained critical that legal directions ensured that juries would approach the evidence of bad character correctly: Fanta & Anor v The Queen [2021] EWCA Crim 564:  Fulford LJ (Vice-President CD), Jeremy…

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