REX v NIGEL PIPE (DECEASED)

REX v NIGEL PIPE (DECEASED)

Leave to appeal is granted on all grounds as some elements are arguable and the background is complex, warranting full consideration by the court with the assistance of both parties.

Parties
Applicant: Nigel Pipe (deceased); Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
01 November 2022
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Outcome
leave to appeal granted
Legal Topics
Abuse of Process, Historic Sexual Offences, Fair Trial, Appeal Procedure

Case Brief

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Parties

Nigel Pipe (deceased)

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Conviction

  1. 1 Whether the trial judge erred in refusing to stay proceedings as an abuse of process
  2. 2 Whether the timing of the abuse of process application prejudiced the defence
  3. 3 Whether the absence of historic documentation or witnesses rendered the trial unfair

Ratio Decidendi

Leave to appeal is granted on all grounds as some elements are arguable and the background is complex, warranting full consideration by the court with the assistance of both parties.

Court Disposition

leave to appeal granted

Orders

  • Leave to appeal granted on all grounds
  • Time extended for late Respondent's Notice