Abuse of Process, 4th Edition by Colin Wells | 2023


Abuse of Process, 4th Edition by Colin Wells | 2023

Author Colin Wells
Publication Date July 2023
ISBN 9780192859945
Publisher Oxford University Press


Overview of Abuse of Process, 4th Edition:

  • It is the perfect resource for anyone advising on or litigating in an abuse of process application because it covers every procedural eventuality, from pre-charge through providing advice on an appeal.
  • Contains commentary from authors with in-depth understanding of the procedure and practical experience.
  • gives skeleton arguments to help with preparation, which is useful for practitioners who are busy.

New to Abuse of Process, 4th Edition :

  • New case law on confiscation is provided (R (Kambou) v WGCC [2020] 2 Cr.App.R.28), as is case law on disclosure (E [2018] EWCA Crim 2426), entrapment (R v TL [2019] 1 Cr.App.R. 1), and other topics.
  • the increase in private prosecutions since the previous edition is examined
  • updates the book's skeleton arguments from the previous edition.

The fourth edition of Abuse of Process is a helpful manual for solicitors and other legal professionals who advise on and litigate abuse of process requests in criminal proceedings. This book, which was written by practitioners for practitioners, the courts, and students, offers the resources needed to comprehend and create abuse of process defences. It provides authoritative and thorough coverage of abuse of process arguments at all stages of criminal litigation, including the pre-charge investigation stage, forums, disclosure, entrapment, delay, loss of evidence, abuse of executive power, adverse publicity, the ability to participate, extradition, and regulatory proceedings. These arguments can arise both domestically and internationally.

The most recent significant caselaw decisions, as well as revisions on certain particular subject areas, are included in the fourth edition;

· Confiscation (R (Kambou) v WGCC [2020] 2 Cr.App.R.28)
· Disclosure (E [2018] EWCA Crim 2426, Hewitt [2020] EWCA Crim 1247, Hamilton [2021] EWCA Crim 577 and Ambrose [2021] EWCA Crim 1443,
· Entrapment (R v TL [2019] 1 Cr.App.R. 1)
· Human trafficking (R v DS [2020] EWCA Crim 285 and R v A [2020] EWCA Crim 1408)
· Jurisdiction (Mansfield v DPP [2021] EWHC 2938 Admin)
· Legitimate expectation (Wokingham BC v Scott [2019] EWCA Crim 205 and R v Walters [2020] EWCA Crim 894)
· Loss of evidence (PK [2019] EWCA Crim 1225, PR v R [2019] EWCA Crim 1225 and R v Bater-James [2020] EWCA Crim 790)
· Private prosecutions (D Limited v A and others [2017] EWCA Crim 1172)
· Unfair conduct (R v Soldier A and C (2020) NICC 6)

Table of Contents of Abuse of Process, 4th Edition

2:Pre-Charge and Investigation
3:Forums for Raising Abuse of Process
7:Non-Availability of Evidence
8:Unfair Conduct and Abuse of Executive Power
9:Adverse Publicity
10:Ability to Participate in Criminal Proceedings
12:Confiscation Proceedings and Civil Recovery
13:Regulatory and Disciplinary Proceedings
14:Tactical and Procedural Considerations

About the Authors of Abuse of Process, 4th Edition:

Colin Wells, Barrister, 25 Bedford Row

At 25 Bedford Row, criminal defence attorney Colin Wells has 34 years of legal experience. His areas of expertise include criminal cost appeals, criminal defence work, and pre-charge criminal advisory. He is referred to as "the go to person on abuse of process matters" by Chambers and Partners UK Legal Directory.


Colin Wells, Rudi Fortson KC, Chantel Gaber, Kris Gledhill, Monica Stevenson, John Kaye, Hanna Llewellyn-Waters, Rebecca Niblock, HHJ Geoffrey Payne, Nathaniel Rudolf KC

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