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
Summary, issues, holding and outcome
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Parties
Nigel Pipe (deceased)
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Leave to Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in refusing to stay proceedings as an abuse of process
- 2 Whether the timing of the abuse of process application prejudiced the defence
- 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
Full Case Text
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