DIY Litigation pitfalls.doc. Pre-trial publicity - Court Stage - Enforcement Guide (England & Wales) 1. The courts are generally very reluctant to halt a prosecution because of pre-trial publicity. However, if the publicity has been such that a fair trial is not possible, the proceedings may be stayed. 2. If the defence argue that pre-trial publicity has amounted to an abuse of process, the following considerations as to how pre-trial publicity may affect a jury have to be taken into account by the court 1: the court hearing and consideration of the evidence in the case are likely to have far greater impact than recollections of past media reporting; this impact can be reinforced by warnings and directions by the judge to the jury as and when appropriate; the jury system is based upon the assumption that the jury will follow the judge's instructions. 3.
The principal safeguards of the objective impartiality of a jury lie in the trial process and the conduct of the trial by the judge. Montgomery v H M Advocate and another; [2001] 2 W.L.R. 779. LITIGANT IN PERSON. Case examples. This page contains illustrative examples of how cases are dealt with by the Unit in conjunction with advice agencies and solicitors. Please note that help cannot be offered through the Unit where public funding (Legal Aid) can be obtained for the work required. 1. Property The clients, referred by a Law Centre, were defending a claim in the County Court for possession of land. The case concerned a small piece of land which was disputed between neighbours. The clients’ case was that they had been in possession for over 12 years and that therefore the land was theirs. 2. The client, referred by a CAB, had been in dispute with a builder in connection with works on her house. 3. The client, a doctor – referred by solicitors, wished to challenge a decision of a coroner not to hold an inquest into the death of his mother. 4.
The client, referred by a CAB, claimed unfair dismissal, outstanding wages, and discrimination. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Just Claim :: The simple guide to court procedures in England and Wales. Pearceetal_ch11.pdf - Powered by Google Docs.