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Swallow: stay pending criminal investigation

Speed read

SPEED READ The decision in Mr Swallow v HMRC is a welcome addition to the understanding of the interaction of civil and criminal proceedings. In that case, although a six-month stay in the civil proceedings was allowed there was no automatic right to an indefinite stay where a criminal investigation has commenced. It was not envisaged that the stay would extend beyond the time when any defendant was charged. The continuation of the civil appeal in itself did not give rise to a real risk of prejudice to the criminal proceedings. Based upon specific facts there was sufficient nexus between the civil proceedings and the criminal proceedings to allow the stay.

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