Issue: October 2020

Offences – dishonesty

October 2020 | Crime

The definitive test for dishonesty is: What was D’s actual state of knowledge or belief as to the facts? and Was D’s conduct dishonest by the standards of ordinary decent people? This was clarified by the Court of Appeal, where it was also confirmed that the subjective question of whether D appreciated that their behaviour …

This article is only available to subscribers.

Judicial review – basis

October 2020 | Land

The CA has considered an appeal relating to a planning decision to build a new school at Lakenheath, Suffolk. The PC, and latterly a local resident, brought a judicial review challenge – some of the concerns centred around the fact that pupils might be affected by aircraft noise from the adjacent US Air Force base. …

This article is only available to subscribers.

Practice – gifts to solicitors

October 2020 | Wills, probate and administration

The Law Society has published an updated practice note on preparing a will when the client wants to leave a gift to you, your family or colleagues. It reflects the latest legal and regulatory developments – notably, a new detailed section on the regulatory issues in view of the SRA Standards and Regulations which came …

This article is only available to subscribers.

Offences – manslaughter

October 2020 | Crime

Following a street fight, A was convicted of manslaughter for which he was sentenced to 11 years in prison; and unlawful wounding and sentenced to a concurrent term of two years. A did not personally stab the victim, not did he even have a knife. But he encouraged others to cause serious harm. The Court …

This article is only available to subscribers.

Commercial eviction ban – extended again

October 2020 | Landlord and tenant – commercial

The ban on commercial evictions has been extended from 30 September 2020 to 31 December 2020. This extension will protect businesses that are struggling to pay their rent due to the impact of Covid-19 from being evicted. The government will also extend the restriction on landlords using commercial rents arrears recovery to enforce unpaid rent …

This article is only available to subscribers.

Wills – video witnessing

October 2020 | Wills, probate and administration

New provisions temporarily amending s9 Wills Act 1837 came into effect on 21 September 2020, allowing the remote witnessing of wills using video conferencing technology. A key principle is that the person making the will must have a clear line of sight of witnesses signing the will. Government has not gone as far as allowing …

This article is only available to subscribers.

Offences – joint liability

October 2020 | Crime

In this case, two of three appellants – both under 18 – were convicted of murder. A fight had broken out and the two appellants (CN and FN) kicked and punched the victim. At some point during that fight, the victim was stabbed and died at the scene. One of the arguments on appeal was …

This article is only available to subscribers.

Resumption of possession claims – guidance

October 2020 | Landlord and tenant – residential

The Master of the Rolls has issued guidance following the resumption of possession cases from 21 September 2020. It refers to the guidance on prioritisation and the working group’s overall arrangements document. Practitioners should read both, but some of the key points arising are: No claim for possession should be re-started without careful efforts to …

This article is only available to subscribers.

Inheritance tax – pensions

October 2020 | Wills, probate and administration

Was the deceased’s motive in transferring her company pension to a private pension before her death from cancer to avoid IHT? No, said the appeal court; it was to ensure no part of it would revert to the company she had established with her ex-husband. S was a company director and transferred what was a …

This article is only available to subscribers.

Procedure – drafting error

October 2020 | Crime

The applicant pleaded guilty on 16 February 2017 to a number of sexual offences including rape of a child. Proceedings were adjourned so that the prosecution could consider the sufficiency of A’s pleas and the matter returned to court on 7 April 2017. The defence had by then been notified that A’s pleas were insufficient …

This article is only available to subscribers.