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Crime

Sentence – rape

Two defendants were convicted of rape, sexual assault and other offences following a violent sexual attack on the victim on her narrowboat home.
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Confiscation orders – tainted gifts

The prosecution successfully appealed a confiscation order made under the Proceeds of Crime Act 2002, in a case that required consideration of the tainted gifts regime.
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Procedure – trial and evidence

Changes relating to trial and evidential procedure under the Criminal Procedure (Amendment) Rules 2018 are now in force (as of 2 April 2018).
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Sentencing – dangerous driving

A pleaded guilty to causing serious injury by dangerous driving (s1A RTA 1988). 
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Practice – disclosure

The high-profile collapse of a number of rape cases following disclosure failings by the police has thrown rape prosecutions into the spotlight. Against this background, the author discusses the reasons behind disclosure failings in criminal proceedings.

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Procedure – legal aid

Practitioners should note that the Criminal Legal Aid (Amendment) Regulations 2017 are in force from this month (21 February 2018). Under these regulations, various amendments are made to criminal legal aid legislation to expand the scope of criminal legal aid to include:

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Evidence – circumstantial evidence

There was strong circumstantial evidence and A’s robbery conviction was upheld by the Court of Appeal. A appealed his robbery conviction for which he was sentenced to a term of five years’ imprisonment. He denied being involved in the robbery.

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Manslaughter – duty of care

A, who ran an Indian restaurant, was convicted of manslaughter when a customer died after eating a meal containing substantial amounts of peanuts. The victim, knowing he had an allergy to peanuts, had been specifically told by a waiter that it contained no nuts.

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Evidence – good character

In this useful article, the author examines issues relating to good character following the Court of Appeal ruling in R v Green [2017]. In that case, the judge drew attention to the complainant’s good character in his summing up, telling the jury that there was a level playing field as far as character was concerned. The author says this diminished the effect of D’s good character.

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Defences – general defences

The author provides a useful summary of general defences available to defendants in light of recent case law. For instance, self-defence can potentially be a defence to allegations of both dangerous and careless driving, recognising that there may be a need for responsive force in particular circumstances.

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Trustees – duty to beneficiaries
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Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
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Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
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From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
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GDPR impacts on the giving of references: Read more...

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