Month: August 2012

31.08.12

squatting becomes a criminal offence

On 1 september 2012 the new offence of squatting in a residential building came into force.  To date homeowners have had to pursue civil remedies to remove squatters, which can be costly and time consuming.  Under the new law a homeowner can make a complaint to the police who will have the power to arrest and remove squatters…

21.08.12

Ban on judicial blogs

The senior Presiding Judge for England and Wales and the senior President of Tribunals have issued guidance on blogging by judicial office holders.  The Guidance states “… judicial office holders who blog (or who post comments on other peoples blogs) must not identify themselves as members of the judiciary. They must also avoid expressing opinions which,…

12.08.12

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…

10.08.12

Law Commission to consider whether offence of scandalising the Court should be abolished

The offence of scandalising the court dates back to 1765.  Under the law it is an offence to be extremely offensive to a judge or accuse him/her of corruption.  The offence is a form of contempt of court and includes the publication of material or the carrying out of acts likely to undermine the administration…

Cash forfeiture decision irrational

In Wiese v UK Border Agency [2012] EWHC 2019 the subject of the judicial review was the decision of District Judge snow at Westminster Magistrates Court to order the forfeiture of the sum of £674,920 from the Appellant which had been seized in cash at London City Airport. It was not disputed by the Respondent that the…

Undeclared lawful savings cannot be subject of cash forfeiture

In Begum v West Midlands Police [2012] EWCA 2304 the Appellant had been in possession of £7150 in cash on her person which was seized by the police under section 294 POCA 2002. The Appellant admitted, and it was accepted by the Magistrates Court, that she kept the money in cash so as to avoid its detection…

9.08.12

Judge's dismissal rulings upheld in BWLLP case

Brett Wilson LLP acted for H in R v C, s, W, D and H [2012] EWCA 1762 in which the Crown Court had dismissed counts 1 -5 on an indictment alleging conspiracy to launder the proceeds of crime. The prosecution appealed against the Judges ruling in counts 1,4 and 5. They also appealed against three rulings made in…