A, now 47, was sentenced to a total of 18 years’ imprisonment following the historic sexual abuse of his sister when he was between the ages of around 14 to 19. The impact on the complainant was significant. Her victim personal statement explained how she suffered from PTSD, panic attacks, flashbacks, an eating disorder and …
Continue reading “Sentencing – apportioning harm”
M was given permission to adduce new evidence which undermines the judge’s findings to such an extent that none of them can stand, the CA has ruled. The trial had made various findings as to the circumstances in which M’s children travelled without her from their Afghanistan home and came to be living in England …
Continue reading “Children – new evidence”
The sentencing judge erred in failing to adjust A’s sentence to account for substantial personal mitigation (other than a one-third reduction for his age). A pleaded guilty to wounding with intent and an immediate custodial sentence of three years seven months in a young offender institution was imposed. He was 17 at the time of …
Continue reading “Sentencing – youth court”
Given the Law Society’s ongoing attempts to amend the Property Information Form (see July/August 2024 edition (p7)), it is fair to say that any cases involving misrepresentation and land law are likely to be closely scrutinised. The HC dismissed a recent misrepresentation claim, but the judgment included a helpful summary of the principles relating to …
Continue reading “Land – misrepresentation”
Practitioners will welcome new Law Society guidance on advocacy in the youth court. Children are particularly vulnerable, and may be in care and have complex needs. The guidance provides a ‘basic introduction’ to working with children in the youth justice system, and signposts readers to regulatory guidance and several further resources. The guidance follows last …
Continue reading “Guidance – advocacy in the youth court”
PI practitioners should note an interest rate reduction as this will affect interest calculations in PI cases. In response to the decrease in the Bank of England base rate on 1 August 2024, the Court Funds Office (CFO) rates of interest payable to clients have been reviewed and from 19 September 2024 these will change …
Continue reading “PI – interest rates”
Practitioners should note recent changes to the Criminal Procedural Rules which came into force from 7 October 2024 (made by the Criminal Procedure (Amendment No. 2) Rules 2024). The Criminal Procedure Rules and PD 2020 includes those changes, which are: Replaced: Parts 36 (appeals to the CA) and 43 (appeal or reference to the SC) …
Continue reading “Procedure – Criminal Procedure Rules”
Conscious of high-profile cases involving legal fees, the LSB has issued some common questions they receive regarding requests for costs information. They have also published some illustrative case studies, setting out the types of issues involved in these cases, and how they would be likely to approach them if they were referred to the LSB. …
Continue reading “LSB – complaints advice”
The government has set out its proposals for sweeping employment rights changes. The bill was introduced to the House of Commons on 10 October 2024. Consultation is proposed in 2025. Most reforms will take effect no earlier than 2026. Some of the headline proposals include: banning zero hours contracts; banning fire and rehire; introducing basic …
Continue reading “Employment Rights Bill – overview”
The SC has overturned a CA decision relating to a case involving assessment of solicitors’ costs. The case summary states: ‘Background to the Appeal This appeal concerns the circumstances in which a solicitor’s client may apply to the court for assessment of their solicitor’s bill of costs. The court has the power to assess the …
Continue reading “SC – bill of costs”