The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28 of the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). For more information, see Practice Note: Abuse of process procedure.
The principle of abuse of process is founded on the fact that there should be a fair trial according to the law that is fair to both the defendant and the prosecution.The courts have an overriding duty to promote justice and prevent injustice. From this duty arises an inherent power to stay an indictment (or stop a prosecution in the magistrates' courts) if the court is of the opinion that to allow the prosecution to continue would amount to an abuse of its process.
Following the implementation of the CrimPR, decisions have indicated that technical rather than jurisdictional grounds of abuse will not be allowed to impede the overriding objective.
There are two categories of case in which the court has the power to stay proceedings for abuse of process:
where the court concludes that the accused can no longer receive a fair hearing, and
where it would otherwise be unfair to try the accused or, put another way, where a stay is necessary to protect the integrity of the criminal justice system
In considering the second category, the court has to exercise
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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