Party Capability Theory as an Explanation for Intervention Behavior in the English Court of Appeal

1991 ◽  
Vol 35 (4) ◽  
pp. 881 ◽  
Author(s):  
Burton M. Atkins
Keyword(s):  
English Court ◽  
Party Capability ◽  
Court Of Appeal

Psychiatrists and Their Patients — Confidential Information in the Wake of Spycatcher

1992 ◽  
Vol 26 (4) ◽  
pp. 618-623
Author(s):  
Stephen Smith
Keyword(s):  
Public Interest ◽  
Right To Privacy ◽  
Confidential Information ◽  
English Court ◽  
The Public ◽  
Court Of Appeal

This article examines a recent decision of the English Court of Appeal. It concerned a psychiatrist who examined and reported on a convicted murderer in a secure hospital. The report was commissioned by the patient's solicitors as evidence in support of his release. The report was emphatically unfavourable and the doctor insisted that it be revealed to the hospital authorities. The solicitors refused and litigation ensued. The courts were forced to rule on the conflict between the patient's right to privacy and the public interest in revealing the report.

Mapping the contours and limits of “irresistible inference”

2020 ◽  
Vol 23 (4) ◽  
pp. 735-743
Author(s):  
Kenny Foo
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
English Court ◽  
Content Type ◽  
Tools And Techniques ◽  
Court Of Appeal ◽  
Disclosure Obligations

Purpose In R v Anwoir [2008] EWCA Crim 1354, the English Court of Appeal held that, in money laundering prosecutions, the criminal provenance of property can be proved by showing that the circumstances in which the property was handled give rise to the irresistible inference that it can only have been derived from crime. The purpose of this paper is to analyse subsequent developments that have revealed the contours, and some of the limits, of proof by “irresistible inference”. Design/methodology/approach This paper reviews the reported cases in which an “irresistible inference” was drawn and identifies the features common to most of them. It then explores the limits of proof by “irresistible inference” by reference to the continuing relevance of predicate offences and the use of money laundering tools and techniques for non-laundering purposes. Findings Most of the cases in which an “irresistible inference” was drawn fall within a narrow compass of five categories. The breadth of the principle is constrained by the characteristics of the predicate offence, and its usefulness is limited in cases where the typologies of the predicate offence and the money laundering offence overlap significantly. Originality/value This paper may be useful to those involved in prosecuting or defending money laundering cases, as well as regulated persons assessing their money laundering risks and disclosure obligations.

scholarly journals Communication and cross-examination in court for children and adults with intellectual disabilities: A systematic review

2019 ◽  
Vol 23 (4) ◽  
pp. 366-398 ◽  
Author(s):  
Joanne Morrison ◽  
Rachel Forrester-Jones ◽  
Jill Bradshaw ◽  
Glynis Murphy
Keyword(s):  
Intellectual Disabilities ◽  
Empirical Studies ◽  
Experimental Methodology ◽  
English Court ◽  
Communication Challenges ◽  
Adults With Intellectual Disabilities ◽  
Communication Needs ◽  
The Impact ◽  
Court Of Appeal ◽  
Examination Process

Courts in England, Wales and Northern Ireland have identified children and adults with intellectual disabilities (ID) as vulnerable witnesses. The call from the English Court of Appeal is for advocates to adjust questioning during cross-examination according to individual needs. This review systematically examined previous empirical studies with the aim of delineating the particular communication needs of children and adults with ID during cross-examination. Studies utilising experimental methodology similar to examination/cross-examination processes, or which assessed the communication of actual cross-examinations in court were included. A range of communication challenges were highlighted, including: suggestibility to leading questions and negative feedback; acquiescence; accuracy; memory and understanding of court language. In addition, a number of influencing factors were identified, including: age; IQ level; question styles used. This review highlights the need for further research using cross-examination methodology and live practice, that take into consideration the impact on communication of the unique environment and situation of the cross-examination process.

scholarly journals Wigs, Skeletons, Bibs, Bands, and Bundles: An Albertan Barrister Deciphers the English Court of Appeal (Criminal Division)

2014 ◽  
Vol 52 (1) ◽  
pp. 167
Author(s):  
Laura Hoyano
Keyword(s):  
Justice System ◽  
English Court ◽  
Court Of Appeal

There are a number of features of British criminal appeals which differ from the Canadian justice system. This article explores these differences by reviewing the changes and customs adopted by the English Court of Appeal (Criminal Division).

Square Pegs in Round Holes: The Dilemma of Conjoined Twins and Individual Rights

2001 ◽  
Vol 10 (4) ◽  
pp. 459-482 ◽  
Author(s):  
Vanessa E. Munro
Keyword(s):  
Conjoined Twins ◽  
Individual Rights ◽  
English Court ◽  
Legal Entity ◽  
Rights Discourse ◽  
Court Of Appeal ◽  
Surgical Separation

The judgment in the English Court of Appeal case of Re A ( Conjoined Twins: Surgical Separation) highlights forcefully the highly individualistic and abstract assumptions that commonly shape the deployment of rights discourse in liberal legal adjudication. Forced by the all-or-nothing nature of this discourse into a dilemma between perceiving of the twins as separate right-bearers or perceiving of the stronger twin, Jodie, as the singular right-bearer and of Mary, her weaker sibling, as a non-legal entity, the court chose the former option.

scholarly journals Doing “Practical Justice” for Duress in Contract Law

2009 ◽  
pp. 253-256
Author(s):  
M.H. Ogilvie
Keyword(s):  
Criminal Law ◽  
Common Law ◽  
Contract Law ◽  
Complex Case ◽  
Undue Influence ◽  
Trial Judge ◽  
English Court ◽  
Conflict Of Laws ◽  
The Common ◽  
Court Of Appeal

Cases of duress in contract law are few and far between. Most are concerned with improper threats or taking advantage of a weaker party to procure a contract rather than with actual physical threats of the “[y]our money or your life” variety, which are more likely to be controlled by the criminal law. A recent decision on a preliminary issue of law in relation to duress in the English Court of Appeal answered an interesting question that appears never to have been raised in earlier cases about duress, that is, whether rescission of a contract can be granted where restitution is impossible because one of the parties has destroyed documents relating to the contract as required by the contract so that they could not be restored. The trial judge found that rescission could not be granted and that no other remedy was available in the common law for duress, but the Court of Appeal reversed that finding by assimilating the fact situation with those in which equity has done “practical justice,” thereby further fusing the common law and equity relating to duress and undue influence, and possibly also fraud as well. The facts of this highly complex case, which also involved conflict of laws, mistake, frustration, and uncertainty have yet to be resolved at trial, but the Court of Appeal entertained two preliminary questions of law, duress, and conflict of laws before sending the case to trial. This comment is focused on the duress point.

scholarly journals Victim personal statements in managing victims’ voices in sentencing in Northern Ireland: taking a more procedural justice approach

2017 ◽  
Vol 68 (4) ◽  
pp. 555-576
Author(s):  
Luke Moffett
Keyword(s):  
Criminal Justice ◽  
Northern Ireland ◽  
Procedural Justice ◽  
Common Law ◽  
English Court ◽  
Victim Satisfaction ◽  
Criminal Justice Systems ◽  
The Impact ◽  
Court Of Appeal ◽  
The Eu

Victim personal statements (VPS) have been introduced in a number of common law criminal justice systems. Although they have been espoused as important in ensuring victims’ ‘voices’ are ‘heard’ in sentencing, this article examines the extent of improving victim satisfaction and procedural justice in Northern Ireland. In light of increasing juridification of victim participation through the VPS by the EU and the English Court of Appeal, its impact on sentencing has received mixed views amongst victims, intermediaries and legal practitioners. Drawing from 24 interviews with judges, lawyers and intermediaries, this article finds that greater attention should be paid to vulnerable victims’ inclusion and that judges should better articulate the impact the VPS has on sentencing and the significance of such statements in acknowledging the victim’s experience, rather than engendering harsher sentences.

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