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CRIMINAL LITIGATION

30 March 2007
Issue: 7266 / Categories: Case law , Law digest
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R (Costello) v North East Essex Magistrates [2006] EWHC 3145 (Admin), [2006] All ER (D) 294 (Nov)

If, through no fault of a defendant, witnesses do not attend who should have attended, or a defendant does not attend because he is unfit to attend, the magistrates ought generally to grant an adjournment.

Following R v Kingston-upon-Thames Magistrates, ex parte Martin [1994] Imm AR 172, the magistrates should take account of: the importance of the proceedings and their adverse consequences for the party seeking the adjournment; the risk of prejudice to that party and to the other party in the case; the convenience of the court (the least important of the factors); and whether the party seeking the adjournment was responsible for the problem that led to the application.
 

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

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Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

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Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
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In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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