Maples Succeed in Abuse of Process Application

22nd March 2010
Maples Succeed in Abuse of Process Application image

Maples Succeed in Abuse of Process Application

In a Criminal Case involving an allegation of Driving Without Due Care and Attention, we made an application to the Magistrates to stay the prosecution as to allow the case to proceed could bring the administration of justice into disrepute and the Defendant may not have been able to have a fair trial.

The application was upheld by the Magistrates resulting in the case ending against our client who was naturally delighted with the result. It is exceptional for such an application to be successful as the basic principle is that it is for the Prosecution and not the Court to decide if a prosecution should be commenced and once commenced whether it should continue.

The application related as to whether a binding promise had been made as the Defendant had been told earlier in the case that there would be No Further Action taken against him. There was a review of the matter at a later date with the Prosecution indicating that there was further evidence which had not been available at the time. An issue was also raised by ourselves as to whether the Police had failed to investigate the matter in a proper fashion and material had not been recorded or retained when it was reasonable to expect that material should have been recorded and retained and that this may prevent a fair trial from taking place.

Commenting after the case Daven Naghen indicated:

“Its quite exceptional for the Court to intervene to prevent a case proceeding to trial, however this was an unusual case. It is important to remember that the Courts have an overriding duty to promote justice and to prevent injustice. It is pleasing to know that the Client has been spared the stress which comes with having to proceed to trial.

There is a great deal of case law to consider when making an Abuse of Process application and some cases point in favour of the Defence and others in favour of the Prosecution. Detailed written arguments were exchanged in advance of the hearing but were then built upon in oral submission before the Magistrates. It was important to appreciate that each case should be decided on its merits and that often cases can be distinguished from the current situation upon close analysis of the facts.”

Examples of where there may be an argument that there has been an Abuse of Process are where a fair trial is impossible, there has been a significant and unreasonable delay in bringing the proceedings, there has been adverse media publicity or where there has been bad faith or misconduct on behalf of the Police or Prosecution.

Should you have any enquiries about a Criminal or Motoring matter whether court proceedings have commenced or are imminent please do not hesitate to contact Daven Naghen or Anita Toal of our offices.


Maples supporting Macmillan Coffee Morning image

Maples supporting Macmillan Coffee Morning

On 29th September 2017 Maples Solicitors LLP will be hosting a coffee morning as part of Macmillan’s “World’s Biggest Coffee Morning”.

Tea, coffee and cakes will be served from 10:00am until 1:00pm and all donations received will go to Macmillan Cancer Support to assist them with providing medical, emotional, practical and financial support to those facing cancer and their families.

At the same time, Maples will also be running a free Wills, Lasting Powers of Attorney and Probate clinic so that whilst you are in the office you may take the opportunity to discuss any of these with one of the Private Client Team with no obligation to commit. You can use the time to raise any questions you may have about making a Will, who you could appoint as Executors, whether you need a Power of Attorney or how a Power of Attorney works, for example.

Maples hope to see their existing clients join them for the coffee morning and very much look forward to meeting new people- everyone is welcome!

If you would like to discuss any matters in relation to Wills, Lasting Powers of Attorney or any Probate related matters prior to the coffee morning then please contact one of the lawyers in our private client team:-

Jane Mawer- jane.mawer@maplessolicitors.com
Jamie Dobbs- jamie.dobbs@maplessolicitors.com
Faye Blair- faye.blair@maplessolcitors.com

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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Testimonials

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

Daven Naghen LLB

"I felt the service I got from Maples was excellent and was very honest all through the process. I would recommend Maples as a first class Solicitors group"

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs ACILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

This is the second time we have used Mike Pepper at Maples Solicitors in the sale of our house. We cannot praise Mike enough for the highly efficient and professional service that he has provided us with. He is by far the best solicitor we have ever worked with, and the service that he has provided us with has gone far and beyond anything we have ever experienced. We have found the whole process to be a very relaxing experience.

Claire Smith FCILEx

Claire Smith has been amazing in every way. I highly recommend her and I am so grateful for all her help. She’s professional on all levels, reliable, extremely organised and I will be recommending her to everyone. I’m very lucky to have had her representing me and I can’t thank her enough. She is an asset to Maples. Thanks so much Claire!

Anita Zaborniak

We found it a pleasure to deal with Anita Zaborniak, she was most helpful and informative and kept us up to date with the progress of the purchase of our new home. If we were to move again we wouldn’t hesitate to use Maples again.