Jurisdiction and test of exceptionality in criminal cases (R v Gohil; R v Preko)

Table of contents

• What are the practical implications of this case and how might it impact the advice practitioners give?
• What was the background?
• What did the court decide in regard to Mr Gohil’s application?
• What did the court say about the disclosure process, generally, and specifically in respect of the way it had been handled in this case and the test which counsel had applied?
• The Criminal Procedure (Amendment) Rules 2018 amend the Criminal Procedure Rules to provide for a procedure for such applications. What impact if any do you think this would have had in this case?

Article summary

Corporate Crime analysis: A landmark money laundering case, involving the theft of Nigerian oil revenues, returned to the courts for appeals concerning alleged failings in previous trials. Eleanor Davison, of Fountain Court Chambers, outlines the case and presents an assessment of ramifications in which lawyers will take a keen interest.