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19.12.24

Review of Criminal Courts

Last week, the Lord Chancellor announced a review of criminal courts to be led by Sir Brian Leveson. This is following new statistics showing that the crown court backlog has reached a record high; the Ministry of Justice figures showed that the number of criminal cases waiting to be dealt with by crown courts in…

17.12.24

Confiscation and civil recovery of the same assets – is there an abuse of process?

In the recent case of the DPP v Bijou [2024] EWHC 2997 the Administrative Court had to wrestle with the interplay between confiscation and civil asset recovery in the context of an application to vary a Property Freezing Order (‘PFO’). That application was made after a PFO had been granted over assets which had already…

16.12.24

Law on voyeurism clarified

In the recent case of R v Norkus [2024] EWCA Crim 1169, the Court of Appeal clarified what could and could not constitute a criminal offence in respect of voyeurism. The facts The complainant worked at a post office and shop which the Appellant managed. The Appellant had asked the complainant for her mobile phone…

The Aga and Danial Saga: should Immediate Suspension Orders be deducted from the Substantive Suspension Order as “Time Served”?

Following a finding of impairment of fitness to practise, one of the possible sanctions open to Panels is suspension. However, in respect of most (if not all) healthcare regulators, that suspension does not take effect immediately, to allow the registrant time to appeal the decision should they wish to. In order to combat that lacuna…

Frozen bank accounts and the Home Office

In recent times, there appears to have been an increasing interest shown by the Home Office in the financial background of foreign nationals are accused of staying in the UK beyond the expiry of their visa, or working when the terms of their visa prohibit this. The Criminal Offence The Immigration Act 1971 provides that…

Evidence from the grave – is it admissible in a criminal trial?

In BOB and Ors v R [2024] EWCA 1494, the Court of Appeal was required to consider an appeal by the prosecution against a terminating ruling. That ruling was made a by a trial judge who ruled that two witness statements from witnesses who had died were inadmissible as hearsay evidence. Hearsay evidence is any…

4.12.24

The confidential and delicate nature of family proceedings highlighted in the Fitness to Practise sphere

In General Dental Council v KK, Stockport Metropolitan Borough Council [2024] EWHC 3053 (Fam), Mrs Justice Knowles highlighted the importance of regulators following the correct procedures before obtaining documents pertaining to Family Court proceedings for use in fitness to practise proceedings. This case concerned a dental technician, KK, who faced serious allegations about his fitness…

4.11.24

Jennifer Hallam: Restored to the Roll after 20 Years

Vicky Lankester, solicitor at Brett Wilson LLP and Alecsandra Manning-Rees, Counsel from 5 St Andrews Hill represented Jennifer Hallam in respect of her successful application for restoration to the Roll of Solicitors. This case has attracted wide media publicity, which is unsurprising, given the obstacles Ms Hallam had to overcome to get to this point….

22.08.24

Train fare evasion and the Single Justice Procedure

In our blog Receiving a Single Justice Procedure Notice: why a ticket to speedy justice can have long-lasting consequences, we detailed the many criticisms of the Single Justice Procedure and requests to the government for the system to be reviewed. The judgment handed down by the Chief Magistrate on 15 August 2024 in Northern Trains…

21.08.24

Brett Wilson LLP recognised by Legal 500 as a leading firm for client satisfaction

Brett Wilson LLP has been recognised by the prestigious Legal 500 directory as a leading firm for client satisfaction. The Legal 500 claims to hold more information on the client market than any other organisation in the legal sector.  The recognition follows six years of in-depth client research. Brett Wilson LLP is one of only…