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14 February 2008
Issue: 7308 / Categories: Case law , Legal services , Profession , Law digest
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CRIMINAL LITIGATION

R v Clarke [2008] UKHL 8, [2008] All ER (D) 69 (Feb)

Without an indictment there cannot be a valid trial and, on the express language of the Administration of Justice (Miscellaneous Provisions) Act 1933, s 2(1) the only step which changes a draft indictment into an indictment is the signing of it by the proper officer of the court.

 

Accordingly, that step is indispensable, and R v Morais [1988] 3 All ER 161 was correctly decided. There is no basis upon which the court in R v Ashton [2007] All ER (D) 19 (Feb) could properly depart from Morais, which was clearly binding on it. In the present case, the appellants had been arraigned and tried without a valid indictment; the addition of a signature at a very late stage could not “throw a blanket of legality over the invalid proceedings already conducted”.

 

Lord Bingham (para 20) added that the decisions in R v Sekhon[2006] 1 AC 368 and R v Soneji [2005] 4 All ER 321 are valuable and salutary, but the effect of the sea change which they wrought has been exaggerated and they do not warrant a wholesale jettisoning of all rules affecting procedure, irrespective of their legal effect.

 

Issue: 7308 / Categories: Case law , Legal services , Profession , Law digest
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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