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Crime

Sentencing – serious drug offences

The appellant was involved with a serious operation on a commercial scale, so a starting point of 15 years was severe but could not be said to be manifestly excessive.
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Offences – assault; emergency workers

The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK. 
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Proceeds of crime – benefit

The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it. 
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Defences – householder defence

The so-called ‘householder defence’ may be available where D believes someone had no right to be in the building or was there without authority – even if they were lawfully in the building initially.
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Sentencing – contempt of court

The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case. 
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Sentencing – public nuisance

An immediate custodial sentence in the case of three appellants convicted of public nuisance at common law was manifestly excessive. 
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Sexual offences – notification requirements

The Court of Appeal has given a useful analysis of the statutory framework governing the notification requirements for those convicted of sexual offences. 
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Offences– learning difficulties

An appeal against conviction by A, who had learning difficulties, was successful because it was unsafe. 
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Sentencing – child cruelty and FGM

The first ever sentencing guidelines have been issued in relation to child cruelty offences and female genital mutilation (FGM), coming into force on 1 January 2019.
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Offences – Mental Capacity Act offences

The trial judge erred in sentencing A for ill-treatment or neglect under s44 Mental Capacity Act 2005. The prosecution had not established that she could reasonably have believed her mother lacked capacity to look after herself.
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Most-read articles

LPAs – gifts by attorneys
Wednesday, 13 November 2019
Giving attorneys the power under an LPA to make gifts to others and themselves can invalidate it, the Office of the Public Guardian (OPG) has ruled in a test case. The law limits the power of... Read more...
VAT and disbursements – Law Society guidance
Wednesday, 13 November 2019
The Law Society has issued a detailed new practice note ‘VAT Treatment of Disbursements and Expenses’ (8 October 2019) following two recent cases in which the concept of disbursements has been... Read more...
Socialising with colleagues – a thing of the past?
Wednesday, 13 November 2019
 It is not the role of The Practical Lawyer to judge. But firms would be well advised to re-visit their attitude to lawyers socialising with each other following a recent high-profile case of the... Read more...
Trial bundles – careful preparation required
Wednesday, 13 November 2019
Rather like buses, one waits for judicial comment on court documents and trial bundles, and then two come along at once. An article discusses a recent case in which the court was unimpressed with the... Read more...
Infant approval hearing – top tips
Wednesday, 13 November 2019
An interesting article provides some practical advice on achieving the court’s approval in infant approval hearings. This is a mechanism by which the court considers and, hopefully, approves the... Read more...
Tenant Fees Act 2019 – fully into force
Wednesday, 13 November 2019
We have reported in our March 2019 (p27) and May 2019 (p28) editions on the introduction of the Tenant Fees Act which came into force for new tenancies and licences to occupy on 1 June 2019. The Act... Read more...
CVA – use to reduce rent
Wednesday, 13 November 2019
 If a limited company is insolvent, it can use a CVA to pay creditors over a fixed period. If creditors agree, the limited company can continue trading. The CVA has been used by companies in the... Read more...
Rectification of title – what is ‘exceptional’?
Wednesday, 13 November 2019
The HC has considered whether or not to correct a mistake on a registered title. Under Sch 4 LRA 2002 the court can order rectification but no order may be made without the proprietor’s consent in... Read more...
Paternity – best interests
Wednesday, 13 November 2019
What’s the court’s approach to paternity cases when the issue arises years after the child’s birth, and in circumstances where both child and F always believed F was the biological father, but... Read more...
Religious beliefs – not always protected
Tuesday, 12 November 2019
The ET has heard an interesting case relating to a person’s religious beliefs. The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society. It replaced... Read more...

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