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Month: February 2013


Bar Council accuses CPs of putting cost first, quality second

The Bar Council has accused the Crown Prosecution service of purposefully acting against the public interest by keeping lucrative cases in-house, regardless of whether it would be more appropriate to brief a member of the independent Bar. The Bar Council has published a leaked email which it says demonstrates how the CPs has adopted policies not to instruct the best advocate for a given…

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Former DPP calls for greater study of jurors' deliberations

Former Director of Public Prosecutions Lord Macdonald has called for further research into the jury system and greater study of jurors’ deliberations. The comments made to the BBC come following the discharge of the jury in the first trial of Vicky Pryce, wife of former minister Chris Huhne. The jury were unable to reach a…

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Fears over future of Defamation Bill

Lord Lester has warned that amendments proposed to the Defamation Bill by Lord Puttnam are placing the future of the Bill in jeopardy. It was Lord Lester’s Private Member’s Bill that originally put defamation on the parliamentary agenda and led to the government-sponsored bill. The Bill seeks to modernise and codify the law of libel….

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Whistleblowers to be protected from harassment from co-workers

The government has announced an amendment to the Enterprise and Regulatory Reform Bill which will allow extend the protection of whistleblowers to cover bullying and victimisation from co-workers. The change in the law will mean that employers will be vicariously liable for the conduct of their staff in relation to the harassment of whistleblowers by…

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Former solicitor found in contempt of court over McCann claims

Former solicitor Tony Bennett has been found in contempt of court for flagrantly breaching undertakings he had previously made to the court promising that he would not repeat allegations that Gerry and Kate McCann were guilty of, or suspected of, having caused the death of their daughter Madeline and had then disposed of her body…

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Naomi Campbell succeeds in Elephant Polo libel claim

supermodel Naomi Campbell has succeeded in her libel claim against the Daily Telegraph. The claim related to a story in November 2012 that she had planned to organise an elephant polo tournament for her boyfriend’s 50th birthday party. The story included criticism of the plans by the animal welfare group PETA and explained how elephant…

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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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Google can be liable as publisher

The Court of Appeal has handed down judgment in the landmark case of Tamiz “v- Google. The appeal brought by Brett Wilson LLP on behalf of the Claimant Payam Tamiz is the first time that the Court of Appeal has addressed the issue of internet service providers (‘IsPs’) liability in defamation. Whilst the appeal was…

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Lawful for the DPP to discontinue private prosecution

In R (on the application of Gujra) v CPs [2012] UKsC 52 the supreme Court was asked to consider an appeal by Mr Gujra against a Court of Appeal decision which upheld a decision by the CPs to take over and discontinue a private prosecution brought by him. In coming to its decision (Lord Mance…

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