18 January 2008
Mote v Secretary of State for Work and Pensions [2007] EWCA Civ 1324, [2007] All ER (D) 212 (Dec)
The continuation of civil proceedings pending the hearing of criminal proceedings arising out of the same facts, does not of itself give rise to a breach of the Human Rights Act 1998.
A relevant consideration is whether or not the continuation of the civil proceedings will give rise to a real risk of prejudice to the defendant in the criminal proceedings.
If there is a risk of prejudice, then that will weigh heavily in favour of an adjournment pending the conclusion of the criminal proceedings, but it will not necessarily be decisive (Lord Justice Richards at para 31).
