Stay of Proceedings in UK Law

  • The Restriction of the Power of the Courts to Stay Proceedings in Favour of More Appropriate International Courts: The Decision in Owusu v Jackson
    • No. 2-1, January 2012
    • Southampton Student Law Review
    • Surekha Rodrigo
    • 59-64
    The judgment in Owusu v Jackson has provided an answer to the controversy over whether courts of EU Member States have discretion to stay proceedings in favour of courts of non-Member States. Speci...
  • Appeal Dismissed: English Courts on Foreign Judgments
    • No. , August 2018
    • African Journal of International and Comparative Law
    • 477-480
    ... ... of litigation in Ethiopia, in 2010 the Appellants brought proceedings in England, alleging that the Ethiopian judgments had been obtained by ud. The Respondents applied to the English High Court for a stay of proceedings on the ground that England was not a convenient forum, ... ...
  • Abuse of Process: Time for Change?
    • No. II, January 2015
    • Dundee Student Law Review
    • Kerri Montgomery
    • 1-14
    ... ... of abuse of process is used by the courts to control criminal proceedings. It is the discretionary power of the court to stay proceedings which it ... ...
  • III International Criminal Court (ICC)
    • No. 29-1, March 2011
    • Netherlands Quarterly of Human Rights
    ... ... eorts to secure a declaration of unlawful detention and stay of proceedings. On 11 Februa ry 2010, the Trial Chamber granted a ... ...
  • ‘Paedophile Hunters’, Criminal Procedure, and Fundamental Human Rights
    • No. 47-3, September 2020
    • Journal of Law and Society
    ‘Paedophile hunters’ have attracted global media attention. The limited literature on paedophile hunters, which documents their emergence in contemporary liberal democracies, pays scant attention t...
    ... ... This could jeopardize subsequent criminal proceedings. As Smith explains, the integrity of the trial process may be compromised ... is a greater reluctance for courts to exercise their discretion to stay proceedings as an abuse of process where an accused is entrapped by a ... ...
  • VI International Criminal Court
    • No. 27-2, June 2009
    • Netherlands Quarterly of Human Rights
    ... ... Chui, as well as t he initiation of con rmation of charges proceedings against Jean-Pierre Bemba. I n the period until March 200 9 the Court ... amber proceeded to consider whether the Trial Chamber had erred in stay ing the prosecution of the accused. I n a decision, dated 21 October ... ...
  • International Kidnapping, Disguised Extradition and Abuse of Process
    • No. 57-4, July 1994
    • The Modern Law Review
    ... ... You argue that the proceedings against you should be stayed because of the illegal means ... Gilmore's application for a stay of the proceedings was rejected by the trial judge and he ... ...
  • When Will the Conduct of Non-State Actors Give Rise to Entrapment?: R v TL [2018] EWCA Crim 1821
    • No. 82-6, December 2018
    • Journal of Criminal Law, The
    • 0000
    ... ... 1(1) of the Criminal Attempts Act 1981 but applied for a stay of proceedings onthe basis of an abuse of process due to entrapment. At ... ...
  • I International Criminal Court
    • No. 29-3, September 2011
    • Netherlands Quarterly of Human Rights
    ... ... and delays from the very beg inning, the nal stages of proceedings again st omas Lubanga D yilo have predictably not been f ree of ... to the Defence (which resulted in the Bench twice ordering a stay of proceedings), in early 2011 the trial faced yet another abuse of ... ...
  • Either-way Until Proven Otherwise: Determining When Shoplifting is ‘Low Value’
    • No. 87-1, February 2023
    • Journal of Criminal Law, The
    ... ... and until the jus tices at the plea and allocation s tage of proceedings determi ned other-wise. Putting it another way, ‘low value’cases ... from the authorities, a legitimate basis for anapplication to stay proceedings may arise.In conclusion, Jeremy Baker J answered the first ... ...
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