Litigation Recent Decisions 15/1096

Staying criminal proceedings in Maxwell case

R v Maxwell (1996).

CCC (Buckley J)

Summary: Principal factors determining the court's decision to stay further proceedings against the defendants in the Maxwell trial.

Application by the defendants to stay further proceedings on an indictment. On 19 January, 1996 the jury returned unanimous verdicts of not guilty in proceedings against Kevin Maxwell, Ian Maxwell, Larry Trachtenberg and Robert Bun where two counts only of the indictment had been heard, severance having been ordered to allow the trial to be fair and manageable for judge and jury. One week after the verdict, Mr Lissack QC informed the court that his client, the Serious Fraud Office, intended to proceed to further trial on three of the severed counts against Ian Maxwell, Larry Trachtenberg and a Mr Fuller.