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Securing other evidence to avoid ‘he said, she said’ prosecutions

Sir Bernard Hogan-Howe, the outgoing Commissioner of the Metropolitan Police, has issued an apology for the catalogue of errors in the recent Westminster VIP paedophile ring enquiry, an investigation which seems to have placed an inordinate amount of credence on one witness, “Nick”, who made detailed but uncorroborated allegations of historical sexual abuse, and even…

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Reality strikes for the Fake Sheikh

Alistair Parker, solicitor at Brett Wilson LLP, considers the fallout from the recent conviction of Mazher Mahmood. Commentators are not exactly lining up to describe the demise of Mazher Mahmood as that of a fearless undercover journalist who had one brief lapse of integrity. In fact, there are precious few minimising or mitigating at all….

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Marital coercion: an archaic defence?

The trial of Vicky Pryce has brought the defence of marital coercion back into the public consciousness and has sparked debate about whether this ˜antiquated defence has any place in modern society. In fact, the Law Commission recommended the abolition of the defence, in its current form, as far back as 1977. The defence has…

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Breach of a restraint order can constitute the offence of perverting the course of justice

In R v Kenny [2013] EWCA Crim 1, the Defendant appealed against his conviction for perverting the course of justice. The offence related to the false categorisation of a loan as a gift in order to attempt to circumvent a restraint order obtained by the Crown under the Proceeds of Crime Act 2002. The restraint order…

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False complaints to the police do not amount to defamation

Following on from last months article Defamation and the employers reference: a warning to claimants, we now look at another common scenario which can give rise to misconceived defamation claims “ the complaint to the police. The starting point is that an allegation of criminal conduct is nearly always prima facie defamatory.  If written it is…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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