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Brett Wilson Criminal and Regulatory Law blog

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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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11.09.18

Grenfell fraud conviction

A 26 year old male has been convicted at Isleworth Crown Court after being found guilty of falsely claiming that he had been living in Grenfell Tower at the time of the fire in order to benefit from multiple support services available to victims and their families. On 7 September 2018, Yonatan Eyob was sentenced…

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9.09.18

Roxanne Pallett, common assault and the need for careful reflection

ITV’s Emmerdale actress Roxanne Pallett has apparently attracted 25,000 complaints following her exaggerated complaint of assault made against Ryan Thomas, a fellow resident in the Celebrity Big Brother (CBB) house. In keeping with the reality show, the incident was caught on camera after Mr Thomas playfully sparred with Ms Pallett, catching her with a light…

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3.09.18

Failure to properly advise can amount to professional misconduct says Bar Tribunal

Given the cuts to the resources of state prosecutors, the number of private prosecutions are understood to be on the rise. It is therefore increasingly important for practitioners to be mindful of advising clients on the proper test for bringing a private prosecution including any associated risks.  The Bar Tribunal and Adjudication Service’s recent suspension of…

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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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13.08.18

Grenfell Tower Police interviews under caution – What charges could be brought?

In a statement released on Wednesday 18 July 2018, Scotland Yard confirmed that “the police investigation into the Grenfell Tower fire has moved to a new phase with a planned programme of interviews under caution,” and that further interviews are scheduled to take place in the “coming weeks and months”. To date, there have been…

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8.08.18

Love Island and the perils of online trolling

Love Island has come to an end and it certainly divided opinion.  For some, the ITV2 reality dating show set in a luxurious villa in Mallorca was one of the highlights of this glorious summer and a welcome alternative to what seemed like endless hours of World Cup football.  For many others, it was the…

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7.08.18

Clearing your name: the devil is in the detail

Statistically, most people charged with criminal offences are guilty as charged. In fact, the vast majority either plead ‘guilty’ of their own volition, or are found guilty at trial and are sentenced. Quite apart from the sentencing, there are rules about how long those convictions remain ‘live’ (meaning they must be disclosed to potential employers)….

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28.07.18

The new test for dishonesty: the impact of Ivey v Genting Casinos

Last year’s Supreme Court judgment in Ivey v Genting Casinos [2017] UKSC 67, a civil claim, shocked many criminal law practitioners as it formulated a new test for determining the element of ‘dishonesty’ for use in both civil and criminal Proceedings. Prior to Ivey the case of R v Ghosh [1982] EWCA Crim 2 had been widely recognised by…

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16.07.18

Sentencing Guidelines introduced for ‘revenge porn’ and other intimidatory offences

The Sentencing Council has published definitive guidelines for intimidatory offences covering harassment, stalking, disclosing private sexual images (‘revenge porn’), controlling or coercive behaviour and threats to kill. Until the publication of these guidelines limited assistance was available for the sentencing court.  This is the first time any guidance has been given for stalking, revenge porn…

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

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