Output details

Abuse of Process and Judicial Stays of Criminal Proceedings

(1) This output, the second edition of a research monograph, was published 15 years after the first edition and assesses a radically changed legal landscape. It considers (among other new developments) a very large body of new case law, the new theoretical foundations for the abuse of process doctrine that this case law offers, and the implications of the introduction of the Human Rights Act 1998.

(2) This output was quoted from, and relied upon, in the decision of the UK Supreme Court in R v Maxwell [2010] UKSC 48, [2011] 1 WLR 1837 (paragraphs 16, 106, 107 and 108), and in the decision of the Privy Council in Warren v A-G for Jersey [2011] UKPC 10, [2012] 1 AC 22 (paragraphs 24, 28, 79, 83 and 84).