Month: November 2015

13.11.15

Costs in cash forfeiture proceedings

The Divisional Court had an opportunity to reconsider the question of costs following an unsuccessful application for cash forfeiture under  the Proceeds of Crime Act 2002 in the case of Kialka v Home Office [2015]. The Divisional Court restated the principle in the Perinpanathan case that the default position is that costs are not recoverable…

9.11.15

Social Media defamation: Richardson v Facebook/Richardson v Google UK Ltd: Appeals dismissed as wrong defendants sued

In Richardson v Facebook [2015] EWHC 3154 (QB) Mr Justice Warby dismissed the claimant’s appeals in two separate but similar claims for defamation and breach of Article 8 ECHR.  One claim was brought against ‘Facebook’ and the other against Google UK Ltd. The claims related to content published on Facebook and Google’s Blogger services, specifically a fake profile and a…

Paul Gascoigne made subject of restraining order following harassment conviction

On 29 October 2015 former footballer Paul Gascoigne pleaded guilty to harassment of his former partner, Amanda Thomas, contrary to section 2 of the Protection from Harassment Act 1997.  Mr Gascoigne sent abusive messages and threats through a series of tweets, phone calls and text messages alongside being verbally aggressive at her place of work. Handing down…

6.11.15

Revenge Porn blackmail suspended sentence held too lenient by Court of Appeal

In Attorney General’s Reference (No.84 of 2015) sub nom R v Jamie Gabriel (2015) the Court of Appeal considered the appropriateness of a two-year prison sentence, suspended for 18 months, imposed for blackmail. The Defendant Mr Gabriel had commenced an online relationship with the married victim, where they had shared intimate pictures, ultimately culminating in their meeting…

Confiscation orders and compensation orders

In Davenport [2015] EWCA 1731 the Court of Appeal was concerned with the unusual situation where both a confiscation order and a compensation order had been made against the Defendant following his conviction for conspiracy to defraud. Davenport had masterminded a sophisticated advance fee type fraud and the criminal benefit from his offending was agreed…

5.11.15

Supreme Court holds that use of a loan facility can amount to a breach of freezing injunction

In JSC BTA Bank v Ablyazov [2015] UKSC 64 the Supreme Court considered whether the proceeds of loans fell within the definition of assets restrained by a freezing injunction. The decision arises in long-running litigation instigated by the Claimant bank against its former chairman for the misappropriation of funds. The Claimant bank had obtained judgments…

4.11.15

Misuse of Private Information: ICO fines CPS £200,000 following theft of sex attack victims' interview videos

The Crown Prosecution Service (CPS) has been fined £200,000 by the Information Commissioner’s Office (ICO) for failing to take adequate data protection steps to ensure that video interviews of sex attack victims were stored securely. Interviews of 43 victims and witnesses were stored on two laptops that were stolen in a burglary in September 2014.  The videos were in the process…