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Crime

Sentencing – modern slavery

Practitioners defending or prosecuting sexual offences in the modern slavery context will welcome new guidance on sentencing.

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Offences – public order

What is a ‘dwelling’ for the purposes of the Public Order Act 1986 (POA)? The author of this article analyses two issues concerning public order offences in detail: the extent of the meaning of ’dwelling’; and public order offences generally.

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Procedure – hearsay

D successfully appealed his conviction on two counts of kidnapping, for which he was sentenced to four years in prison. Despite being married, D had had a relationship with a woman which had ended some time before the incident in question. On the relevant date, the woman (his ex-partner) was in her flat and a male friend was staying over that night on the sofa.

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Manslaughter – foreseeability

In assessing reasonable foreseeability of serious and obvious risk of death in cases of gross negligence manslaughter, it was not appropriate to take into account what a reasonable person in D’s position would have known but for theirbreach of duty.  

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Corporate crime – privilege

The appellant unsuccessfully appealed a conviction for failing in his duty to take reasonable care of the health and safety of employees, under s7 Health and Safety at Work etc Act 1974.

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Procedure – corporate crime

Criminal practitioners need to ensure that they are prepared for key changes in force from 2 April 2018.

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Offences – new corporate offence

Now that the corporate offence of failure to prevent the criminal facilitation of tax evasion under the Criminal Finances Act 2017 has come into force (on 30 September 2017), practitioners will welcome Law Society guidance on this new offence.  

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Sentencing – sexual assault

An outstanding doctor of just 26 years old pleaded guilty to four charges of sexual assault and was sentenced to a total of 28 months in prison. The offences were clearly out of character and caused ‘utter bewilderment’ to those who knew him. D was very remorseful and had been battling with various difficulties in his personal life, and was working extremely long hours.  

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Offences – murder

In this case, D was convicted of murder following a stabbing, while his co-accused was acquitted. D’s case was that he had merely been present at the incident and taken no part in any violence – and it was his co-accused who had carried out the stabbing.  

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Practice – grime music

Most tech-savvy, progressive law firms are moving towards total digital working practices, and the courts and CPS are now fully digital. The author of this useful article discusses the development of electronic evidence, such as CCTV, particularly focusing on ’grime’ music and other types of video evidence, including YouTube.  

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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
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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