The Practical Lawyer


Offences – firearms (2)

Gang-related evidence was appropriately characterised as evidence pertinent to the facts in a recent case, and the sentence passed was neither manifestly excessive nor wrong in principle.
Subscribers only...

Corporate crime – health and safety

The High Court has reinstated a notice issued by an H&S inspector, overturning an earlier decision. The notice had been issued following an inspection made on premises where work was to be carried out on a roof. A risk assessment had concluded that continuing work would be unsafe, and a prohibition order was therefore made. Survey Roofing appealed against the notice.
Subscribers only...

Procedure – reporting restrictions

The CA has dismissed an appeal against an order directed at the press intended to control ‘vile’ comments on the social media accounts of media organisations during a murder trial.
Subscribers only...

Sentencing – restorative justice

What are the benefits behind a restorative justice approach? The author of this useful article sets out some of those benefits, and urges defence lawyers to consider restorative justice principles when advising clients.

Subscribers only...

Procedure – solicitors’ duties

New Law Society guidance on solicitors’ duties in the context of the Criminal Procedure Rules (amended in 2015) has been published, and is intended for all criminal law solicitors, particularly those acting for the defendant.

Subscribers only...

Offences – psychoactive substances (2)

Is the Psychoactive Substances Act 2016 an example of poor legislative drafting with potential for unintended consequences for the food industry? This is the question addressed by the author in this article on the Act that came into force in April 2016.

Subscribers only...

Offences – psychoactive substances (1)

New legislation banning the ‘new generation’ of psychoactive substances came into force on 6 April 2016. The Psychoactive Substances Act 2016 makes it an offence to produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances. Note that ‘mere’ possession will not be an offence (except in custodial institutions).

Subscribers only...

Procedure – amended CPR

Important changes to the Criminal Procedure Rules 2015 came into force on 4 April 2016. The new rules (Criminal Procedure (Amendment) Rules 2016) cover:

Subscribers only...

Freezing orders – guidance

The court has given useful guidance on the procedural aspects of obtaining disclosure and property freezing orders (PFO). A PFO can be obtained both before and after the commencement of civil recovery proceedings, and an application can be made without notice.

Subscribers only...

Offences – Theft Act

The driving must have been at fault for a person to be convicted of aggravated vehicle taking under s12A Theft Act 1968. The appellant (A) in this case successfully appealed a point of law that arose in his trial for aggravated vehicle taking under s12A. 
Subscribers only...

Page 10 of 64

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
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?
Wednesday, 11 July 2018
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
Wednesday, 11 July 2018
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:


IAG International
MSI Global Alliance
In House Lawyer
Join the IBA now!