Saturday, July 20, 2024

The constraints on judicial review of decisions to prosecute: Director of Public Prosecutions v Durham (Trinidad and Tobago) [2024] UKPC 21

›
While it is possible to successfully challenge on review a prosecutorial decision to bring or continue with criminal proceedings, it is only...
Saturday, July 13, 2024

Identifying questions of law: R v Hodgson, 2024 SCC 25

›
Distinguishing questions of law from questions of fact is not always easy. The distinction can be important, as where a right of appeal is l...
Saturday, June 29, 2024

Construing "otherwise": Fischer v United States USSC 23-5572

›
Law teachers who have to keep first year students amused will be delighted with Fischer v United States USSC 23-5572 (28 June 2024). We all...
Saturday, June 22, 2024

Access to the courts, abuse of process: Mueen-Uddin v Secretary of State for the Home Department [2024] UKSC 21

›
Aspects of the law of abuse of process that are of interest to criminal lawyers are stated in Mueen-Uddin v Secretary of State for the Home ...
Wednesday, June 19, 2024

Advocacy needs focus: Ruhumatally v The State (Mauritius) [2024] UKPC 15

›
Most advocates know how burdensome - even embarrassing - it is to advance weak submissions. We used to have a Court of Appeal justice who, a...
Saturday, June 15, 2024

Openness about protection of informers: Canadian Broadcasting Corp v Named Person, 2024 SCC 21

›
Procedures for reconciling the interests involved in cases where informer privilege exists are the subject of Canadian Broadcasting Corp v N...
Thursday, June 13, 2024

Defence against provoked assault: Dayney v The King [2024] HCA 22

›
Sometimes, the clarity of a court’s exposition of a statutory provision makes one wonder why the legislation drafting office couldn’t come u...
Wednesday, June 12, 2024

The need for intention in the common law of joint enterprise liability: Bastian v The King (The Bahamas) [2024] UKPC 14

›
A post- R v Jogee; Ruddock v The Queen [1] application of the common law of joint enterprise liability [2] is yesterday’s decision of the ...