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16.09.18

Clarity on Legal Professional Privilege from the Court of Appeal

In The Director of The Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 the Court of Appeal was asked to determine whether certain documents created during the course of an internal company investigation were subject to legal professional privilege. In April 2013, the Serious Fraud Office (‘SFO’) commenced a criminal…

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3.09.18

New procedure for lodging appeals in Court of Appeal (Criminal Division)

As from 1 October 2018 appeals against conviction and/or sentence must be lodged directly with the Criminal Appeal Office and not the Crown Court. The Criminal Procedure Rules Committee has approved a change to Rule 39 CPR and will require a separate Form NG and Grounds for each substantive application. By omitting the need to…

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5.07.18

Court of Appeal holds grant of permission to appeal is invalid

The recent judgment of the Court of Appeal in the case of Zipporah Lisle-Mainwaring v Associated Newspapers Limited [2018] EWCA Civ 1470 provides an overview of how, and crucially when, permission to appeal should be sought at first instance. The subject matter of this case will be familiar to media law practitioners.  In 2015, the…

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29.06.18

An expectation of privacy in a spent conviction? XKF provides some practical guidance

In the case of XKF v BBC [2018] EWHC 1560 (QB), Mrs Justice Elisabeth Laing granted a privacy injunction to a former police officer, anonymised in these proceedings as XKF, to prevent the BBC from broadcasting film footage of him recorded at or near his home on 13 March 2018. Facts In July 2003, XKF…

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18.06.18

Section 22 Confiscation Applications – What should I do?

It has become increasingly common for police and Crown prosecutors to look to re-open old satisfied confiscation orders in the hope of getting additional revenue. Resources are scarce and this procedure presents an opportunity to obtain some much needed income. Quite often the subject of such applications is the equity in a matrimonial home in…

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16.06.18

Unnamed family members entitled to damages for Home Office immigration data leak

In The Secretary of State for the Home Department & Anor v TLU & Anor [2018] EWCA Civ 2217 the Court of Appeal, was asked to review one aspect of Mr Justice Mitting’s decision in TLT & Ors v The Secretary of State for the Home Department & Anor [2016] EWHC 2217 (QB). The first instance…

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14.06.18

Confiscation Orders and Default Terms

The question of the jurisdiction of the Court of Appeal over the length of default terms attached to confiscation orders was the subject in issue in Graham Alan Mills [2018] EWCA 944. Maximum default terms are fixed by a table (relatively recently amended in the Serious Crime Act 2015) based on the value of the…

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18.05.18

Unjustified threats of legal action can amount to harassment

The facts: On 17 May 2018, the Court of Appeal, in the case of Worthington & Anor v Metropolitan Housing Trust Ltd [2018] EWCA Civ 1125, upheld an ex-tempore judgment of His Honour Judge Owen QC delivered on 10 June 2016, in which he found that the Defendant housing association, Metropolitan Housing Trust Limited, had unlawfully…

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26.03.18

Supreme Court to hear appeal on "serious harm" threshold in defamation cases

The Supreme Court has granted the unsuccessful defendants in Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 permission to appeal against the Court of Appeal’s rulings regarding the application of section 1(1) of the Defamation Act 2013. Section 1(1) of the Defamation Act 2013 states that a statement is not defamatory unless it is publication…

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13.02.18

Streamlined sentencing code proposed

In July 2017, the Law Commission published a draft Sentencing Code for public consultation.  The consultation period ended on 26 January 2018 and the findings are currently awaited. The main criticisms, and in turn the driving factors for the new Code, are that the current laws lack ‘coherence and clarity’.  The Law Commission state that…

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