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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Abuse of Process: A Practical Approach 3rd ed

ISBN13: 9780198786047
Previous Edition ISBN: 9781846612299
Published: February 2017
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £63.00

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The 3rd edition of this leading text examines, from a practitioner's point of view, the concept of abuse of process and how it operates within criminal and extradition proceedings.

This title deals with the different procedural and factual situations that give rise to an abuse of process, covering the whole of criminal litigation, from pre-charge advisory stage to appellant level. A number of different topics are examined from a case law perspective; covering disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, ability to participate.

Skeleton arguments are included for practical assistance.

The third edition covers all recent important case law decisions, updating specific topic areas:

  • Case management (R v Boardman [2015] EWCA Crim 175)
  • Post-trial abuse (Tague [2015] EWHC 3576(Admin))
  • Illegally obtained evidence (Public Prosecution Service of Northern Ireland v Elliott [2013] UKSC 32)
  • Linked civil proceedings (Clayton [2014] 2 Cr App R 20)
  • Disclosure Herbert Austin [2013] EWCA Crim 1028,(S)D and S(T) [2015] 2 Cr.App.R.27)
  • Entrapment (Wilson v The Queen [2015] NZSC 189) and Palmer [2015] Crim L R 153)
  • Delay and serious specific prejudice to a fair trial (R [2015] EWCA Crim 1941)
  • Destruction and retention of evidence (DPP v Petrie [2015] EWCA 48 (Admin); Spalluto [2015] EWHC 2211 (Admin)
  • Local authority prosecutions (Clayton [2014] EWCA Crim 1030)
  • Special measures (OP [2014] EWHC 1944 (Admin)
  • Legal representation (Crawley [2014] EWCA Crim 1028)

Criminal Law, Police and Public Order Law
1: Introduction, Rudi Fortson QC
2: Pre Charge and Investigation, Colin Wells and Mark Jones
3: Forums for raising abuse of process, Colin Wells and Emma Stuart Smith
4: Disclosure, Colin Wells and Tom Price QC
5: Entrapment, Colin Wells
6: Delay, Colin Wells
7: Non-availability of evidence, Colin Wells
8: Unfair Conduct, abuse of executive power, Colin Wells
9: Adverse publicity, Colin Wells
10: Ability to Participate in Criminal Proceedings, Kris Gledhill
11: Extradition, Rebecca Niblock
12: Confiscation proceedings and civil recovery, Colin Wells and Nathaniel Rudolf
13: Tactical and procedural considerations, Colin Wells

Skeleton Arguments