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Fitness to Plead

2018
While criminalisation may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity to participate meaningfully in a criminal trial.
R. Mackay, Warren Brookbanks
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The Burdens of Pleading [PDF]

open access: possibleSSRN Electronic Journal, 2014
The changes to pleading doctrine wrought by Bell Atlantic v. Twombly and Ashcroft v. Iqbal have been criticized on many grounds. As many commentators have noted, the plausibility pleading doctrine introduced by these cases is consistent with other procedural reforms that have the effect of limiting access of putative plaintiffs to federal civil ...
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Unfitness to Plead [PDF]

open access: possibleJournal of Mental Science, 1935
“Unfitness to plead” is a medico-legal proposition of practical importance to prison medical officers. My attention was drawn to it, shortly after I joined the Service, in a case tried at the Central Criminal Court. Since then I have frequently had to take the responsibility of forming an opinion and reporting as to prisoners' fitness or unfitness to ...
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Pleadings and Parties

2017
INTRODUCTION The preceding chapter concerned the first two stepping stones for the opening stages of the case: issue of the originating process (a document formerly known, within the pre-CPR High Court practice, as a ‘writ’, but now known, both in the County Courts and in the High Court, as a ‘claim form’); and service of the claim form on the ...
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