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Crime

Proceeds of crime – benefit

The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it. 
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Defences – householder defence

The so-called ‘householder defence’ may be available where D believes someone had no right to be in the building or was there without authority – even if they were lawfully in the building initially.
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Sentencing – contempt of court

The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case. 
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Sentencing – public nuisance

An immediate custodial sentence in the case of three appellants convicted of public nuisance at common law was manifestly excessive. 
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Sexual offences – notification requirements

The Court of Appeal has given a useful analysis of the statutory framework governing the notification requirements for those convicted of sexual offences. 
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Offences– learning difficulties

An appeal against conviction by A, who had learning difficulties, was successful because it was unsafe. 
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Sentencing – child cruelty and FGM

The first ever sentencing guidelines have been issued in relation to child cruelty offences and female genital mutilation (FGM), coming into force on 1 January 2019.
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Offences – Mental Capacity Act offences

The trial judge erred in sentencing A for ill-treatment or neglect under s44 Mental Capacity Act 2005. The prosecution had not established that she could reasonably have believed her mother lacked capacity to look after herself.
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Sentencing – Crown Court guidelines

Practitioners should note new online sentencing guidelines for use in the Crown Court, launched on 8 November 2018 by the Sentencing Council with immediate effect. 
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Procedure – greater investigative powers

Two new powers for the enforcement authorities were created under the Criminal Finances Act 2017. As the author of this useful article explains, unexplained wealth orders (UWO) and account freezing orders (AFO) are subject to distinctly lower thresholds than their predecessors.
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Contract – implied terms
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The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
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Code for Completion by Post – new code
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The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
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The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
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Civil partnership – guidance
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How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
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A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
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LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
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From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
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The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

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