[50] Regardless of the precise language used, the key point is this:
abuse of process refers to Crown conduct that is egregious and seriously compromises trial fairness and / or the integrity of the justice system.
Not exact matches
It was
referred to the Congregation for the Doctrine
of the Faith (CDF) in 1996, not because
of the paedophilia involved which was not the CDF's responsibility but because
of its role in overseeing the legality
of processes involving
abuse of the confessional seal and laicisation.
There are many dogs that will NOT obey if you don't use corrections (read my article on Corrections... I am not
referring to
abuse, yelling, screaming, beating a dog, frying them with electric collars, etc... No one who loves dogs does that kind
of thing) and psychological pressure in the training
process.
Indeed, the court went further,
referring to the approach adopted in Lawlor v Lawlor [1995] 1 FLR 269, in which Lady Justice Butler Sloss had indicated that permission should be given to file an answer out
of time, unless the answer in question amounted to an
abuse of the court
process.
The recent cases
referred to above show how the English courts continue to strike a balance between granting freezing order relief — so as to support a substantive legal
process — and preventing misuse
of a
process which could be highly damaging if
abused.
John has published articles in
referred legal journals on the questioning
of child witnesses, allegations
of abuse when parents have separated, the role children should place in the court
process and the rights
of children to direct their own medical treatment.