Issue: July/August 2020

Throwback Thursday – Week 1

July/August 2020 | Conduct, practice and risk management

In the midst of a global pandemic and Brexit rearing its head again, August 2019 seems like a lifetime ago. We will take a look back at some key topics which we were considering a year ago and are still very relevant now. Law firms are as vulnerable to fraud now as they have ever …

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Sentencing – Covid-19

July/August 2020 | Crime

The chair of the Sentencing Council has published a statement clarifying the appropriate application of sentencing principles during the coronavirus pandemic. Holroyde LJ said the Council understands people’s concerns about the effect of the pandemic, including the potentially heavier impact of custodial sentences on offenders and their families. But the statement says existing principles ‘are …

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Adoption – revocation of order

July/August 2020 | Family

The birth father’s application to revoke an adoption order made in November 2019 was set aside. The application to revoke the order was made on the basis that he had not been made aware of the proceedings and was supported by the birth mother (who herself had opposed the adoption order). The High Court said …

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Conviction – appeals; exceptional circumstances

July/August 2020 | Crime

A was sentenced to 12 months in prison after pleading guilty to a drugs offence under s4 Misuse of Drugs Act. He appealed his conviction out of time on grounds of fresh evidence relating to his status as a victim of human trafficking. The evidence included that A may well not have fully appreciated that …

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Remote hearings – fairness

July/August 2020 | Family

M appealed a ruling that a hearing would be adjourned to a date in June 2020 when she could appear in person. However, her leading counsel would be unable to appear in person as she is ‘shielding’ during the pandemic – a key reason for her appeal. Jackson LJ concluded that it is in the …

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Offences – sex offence

July/August 2020 | Crime

A recent case is a salutary example of the problems which can arise when the CrimPR rules are not complied with. A’s conviction for historical indecent assault under s14(1) SOA 1956 was quashed on the basis of a series of procedural failings. There was also unchallenged evidence on a critical matter, which Irwin LJ said …

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No fault divorce – nearly here

July/August 2020 | Family

The case of the woman who was not able to divorce her husband on the basis that she was deeply unhappy has been widely reported on over the last couple of years. In 2018 the SC held that she had not established irretrievable breakdown of the marriage and ruled against Mrs Owens ‘with reluctance’. Mrs …

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Under investigation – privacy

July/August 2020 | Crime

The CA has given judgment in an important case in relation to privacy rights. The HC held that Bloomberg, an international media outlet, had breached the claimant’s privacy rights by publishing articles concerning C’s involvement in an investigation by what the CA described as a ‘UK legal enforcement body’. The HC found for the claimant …

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Furlough – frustration?

July/August 2020 | Employment

An interesting article poses a question which is likely to be tested in the coming months and years in relation to many forms of contract: can Covid-19 result in frustration of an employment contract? When an event takes place which was not reasonably foreseeable when a contract was made and which makes performance of that …

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