The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Crime

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.

Subscribers only...
 

Procedure – corporate crime

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

Subscribers only...
 

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.  

Subscribers only...
 

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.  

Subscribers only...
 

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.  

Subscribers only...
 

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.  

Subscribers only...
 

Offences – historical sex assault

The Rotherham sex abuse scandal has generated a huge amount of publicity in recent years. One of those convicted applied for leave to appeal his conviction on the grounds that, firstly, his significant medical problems made it impossible for him to give meaningful evidence, in breach of his Article 6 right to a fair trial; and secondly, the judge ruled wrongly in respect of an application to adduce evidence of a false complaint by a witness.  

Subscribers only...
 

Offences – tax evasion

From September 2017, it will be a criminal offence for companies to fail to prevent the facilitation of tax evasion in relation to UK taxes under s45 Criminal Finances Act 2017; s46 creates an offence of corporate failure to prevent the facilitation of foreign tax evasion offences.

Subscribers only...
 

Crime – new provisions

New provisions under the Policing and Crime Act 2017 are now in force. These include a redefinition of ‘sexual exploitation’ in the Sexual Offences Act 2003 to now include the streaming of indecent images, and anonymity provisions for complainants of forced marriage.

Subscribers only...
 

Procedure – legal aid

The Law Society has published guidance for practitioners on refusing to undertake legal aid work, and clarifying their obligations under the legal aid contract. The aim of the practice note, Rejecting un-remunerative publicly funded criminal work, is to help solicitors identify circumstances which may warrant a refusal to undertake legal aid work and, in doing so, to ensure compliance with the SRA Code of Conduct.

Subscribers only...
 


Page 9 of 69

Most-read articles

Intestacy – statutory legacy
Wednesday, 12 February 2020
The statutory legacy under the intestacy rules has increased to £270,000 with effect from 6 February 2020. It’s the first increase since October 2014. Read more...
Unsolicited publicity – SRA guidance
Wednesday, 12 February 2020
Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
Part 36 offer – includes interest
Wednesday, 12 February 2020
Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer made by either the claimant or defendant is a tactical step... Read more...
Slipping claims – burden of proof
Wednesday, 12 February 2020
In general, the law on slipping cases is reasonably settled and straightforward. An interesting article considers a question which often arises in practice, namely whether the defendant bears an... Read more...
MEES – domestic rentals reminder
Wednesday, 12 February 2020
We last reported on the MEES Regulations in our May 2019 edition (p24). The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private... Read more...
Lease to family – not a relevant disposal
Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
Wednesday, 12 February 2020
A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
Wednesday, 12 February 2020
The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...

Resources

IAG International
www.totallylegal.com
In House Lawyer
Join the IBA now!
MSI Global Alliance