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Prosecutorial Manipulation or Misuse of Process

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter examines situations in which ‘the prosecution have manipulated or misused the process of the court so as to deprive the defendant of a protection provided by the law or to take unfair ... More


Procedural Issues

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers various procedural issues associated with the exercise of the judicial power to stay proceedings as an abuse of process. It is shown that while the exercise of judicial ... More


Police Misconduct at the Investigatory Stage

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines to what extent pre-trial police misconduct may lead to a prosecution being stayed as an abuse of process. It shows that it is possible for a stay of proceedings to be ordered on ... More


Delay, Lost or Destroyed Evidence, and Adverse Publicity

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter discusses the applicability of the abuse of process doctrine in the context of delay, lost or destroyed evidence, and adverse publicity. It presents considerations that are relevant to a ... More


Conclusion

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter presents a synthesis of discussions in the preceding chapters and some concluding thoughts from the author. It argues that the existence of a judicial discretion to stay criminal ... More


Implications of a Common Law of International Adjudication

Chester Brown

in A Common Law of International Adjudication

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199206506
eISBN:
9780191709708
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206506.003.0009
Subject:
Law, Public International Law

This chapter argues that the emergence of a common law of international adjudication has significant practical and theoretical implications. It then considers whether the common law of international ... More


Entrapment

Andrew L-T Choo

in Abuse of Process and Judicial Stays of Criminal Proceedings

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines the manner in which allegations of entrapment, which typically arise in the context of undercover operations, have been dealt with in English law. Entrapment occurs when an ... More


Objections on Grounds of an Abuse of Rights or Abuse of Process

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0008
Subject:
Law, Public International Law

Respondent States have increasingly invoked the abuse of rights or abuse of process doctrine in order to contest the validity of a corporate (re)structuring, and arbitral tribunals were thus called ... More


The Right to a Fair Trial

Brice Dickson

in Human Rights and the United Kingdom Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199697458
eISBN:
9780191752247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697458.003.0007
Subject:
Law, Human Rights and Immigration

This chapter begins with an analysis of the UK top court’s approach to the right to a fair trial before the Human Rights Act came into force, looking at the abuse of process doctrine and the ... More


Good Faith Limitations on Protected Investments and Corporate Structuring

Stephan W Schill and Heather L Bray

in Good Faith and International Economic Law

Published in print:
2015
Published Online:
June 2015
ISBN:
9780198739791
eISBN:
9780191802744
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739791.003.0005
Subject:
Law, Public International Law, Legal Profession and Ethics

On numerous occasions, investment treaty tribunals have relied—and in some cases refused to rely—on the principle of good faith to ensure that only bona fide investments and investors are protected ... More


Judicial Delays: Matter Is in the Court, Incompetence Is the Main Reason

Sudhanshu Ranjan

in Justice versus Judiciary: Justice Enthroned or Entangled in India?

Published in print:
2019
Published Online:
July 2019
ISBN:
9780199490493
eISBN:
9780199096275
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199490493.003.0005
Subject:
Law, Legal Profession and Ethics

Judicial delays garrote justice. A civil case filed in Calcutta (now Kolkata) in 1833 is still hanging fire. India has the record of having witnessed a longest contested lawsuit according to the ... More


Taking Seriously Affordability, Expedition, and Integrity in Adjudication

Rabeea Assy

in Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198850410
eISBN:
9780191885433
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850410.003.0009
Subject:
Law, Private International Law

This chapter explores the potentially far-reaching consequences of treating cost and time as dimensions of justice. It shows that an exaggerated pursuit of accurate judgments may undermine the effort ... More


Defences

Stephen A. Smith

in Rights, Wrongs, and Injustices: The Structure of Remedial Law

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199229772
eISBN:
9780191843839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199229772.003.0009
Subject:
Law, Law of Obligations

Chapter 9 explores remedial defences. It defends three broad arguments. First, the law of remedial defences constitutes a significant, though largely unrecognized, part of remedial law. Second, ... More


A Taxonomy of Challenges to Sovereign Debt Restructurings

Hayk Kupelyants

in Sovereign Defaults Before Domestic Courts

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198807230
eISBN:
9780191844942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198807230.003.0008
Subject:
Law, Company and Commercial Law

Chapter 7 presents a taxonomy of challenges to the outcomes of sovereign debt restructuring, i.e. in what cases private creditors may argue that the restructurings was abusive, oppressive or ... More


Treaty Shopping in International Investment Law

Jorun Baumgartner

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.001.0001
Subject:
Law, Public International Law

What is ‘treaty shopping’ and how may ‘legitimate nationality planning’ be distinguished from ‘treaty abuse’ in international investment law? Should a claimant that is controlled by a host State ... More


Principles, Procedure, and Justice: Essays in honour of Adrian Zuckerman

Rabeea Assy and Andrew Higgins (eds)

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198850410
eISBN:
9780191885433
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850410.001.0001
Subject:
Law, Private International Law

The book contains a collection of essays in civil procedure and evidence honouring Professor Adrian Zuckerman of University College Oxford. The contributors are leading scholars and judges whose work ... More


The Overriding Principles of Affordable and Expeditious Adjudication

Rabeea Assy

in The Civil Procedure Rules at 20

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198863182
eISBN:
9780191895685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198863182.003.0016
Subject:
Law, Constitutional and Administrative Law

This chapter argues that an exaggerated pursuit of accuracy may undermine the effort to enforce the law, because it produces lengthy and expensive litigation that is likely to deter many from seeking ... More


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