Issue: May 2022

Sentencing – spiking drugs

May 2022 | Crime

New sentences have been introduced for drugs commonly used for ‘spiking’. Anyone possessing GHB, GBL or 1,4-Butanediol illegally will face up to five years’ imprisonment. All three drugs have been reclassified as Class B drugs under the Misuse of Drugs Act 1971 as of 13 April 2022. Anyone convicted of supply and production of any …

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Procedure – financial remedies; Form D81

May 2022 | Family

At 23 pages long, the new Form D81 is significantly longer than the previous iteration. The author of this article provides a useful and succinct analysis of what’s introduced in the new form and what practitioners need to be aware of. He points out that the new form ‘demands’ standardisation of the way financial material …

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Domestic violence – CPS guidance

May 2022 | Crime

Practitioners will be interested in amended legal guidance on prosecuting crimes of domestic violence, recently released by the CPS. The update follows the introduction of the Domestic Abuse Act 2021. The guidance encourages prosecutors and investigators to take an ‘offender-centric’ approach – focusing, eg on D’s behaviour before, during and after an alleged offence. The …

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Financial remedies – mental health and capacity

May 2022 | Family

Issues of capacity don’t often come up in FR proceedings. This ruling illustrates how the court may approach cases where one party demonstrates mental health problems. The parties separated in 2017 after a long marriage of 27 years. They have three adult children and when they had their first child, W was the breadwinner and …

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Riparian land – prosecution

May 2022 | Land

An interesting article discusses a case in which Natural England proposes prosecuting a landowner for carrying out work to his own land. This is an important issue which those advising landowners should be aware of. In the case, the landowner has recently been charged with 14 separate offences of causing ‘suspected significant and long-term ecological …

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Champerty – scope not extended

May 2022 | Commercial

The CA has declined to extend the scope of champerty. For those who need a reminder, the definition of champerty is: ‘An illegal bargain between a party to litigation and an outsider whereby the latter agrees to pay for the action and thereby share in any proceeds recovered’ (Collins English dictionary) The issue in this …

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Evidence – gang-related activity

May 2022 | Crime

D appealed his convictions for murder and wounding with intent, for which he was sentenced to life imprisonment. He argued that evidence of gang activity was wrongly admitted and, linked to the judge’s error, he should not have admitted evidence of two occasions on which D had himself been shot. The CA rejected the argument …

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Commercial rent – coronavirus

May 2022 | Landlord and tenant – commercial

We reported in our March 2022 edition (p21) on the government’s proposal to deal with the commercial rent arrears built up during the pandemic. The Commercial Rent (Coronavirus) Act 2022 received Royal Assent on 24 March 2022 and came into force on that date in England and Wales. This coincided with the last day of …

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