5SAH Business Crime – July 2020 Update – 5SAH

‘Featuring the following articles and videos from our barristers who are experts in the field of Business Crime and Proceeds of Crime work:
– 5SAH Video: Asset Tracing & Recovery – Tool Kit for Businesses – Post Covid19: Webinar featuring Gary Pons & Jonathan Benton
– David Stern features in Butterworths Journal of International Banking & Financial Law – May 2020 Edition on Cum-Ex.
– New Role for Private Prosecutions in the Wake of Covid 19: Counsel Magazine: Kevin Dent QC and Jeremy Asher.
– Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton): John Oliver and Alexa Le Moine for Lexis Nexis.’

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5SAH, 6th July 2020

Source: www.5sah.co.uk

The 4 Principles Applicable to Telephone Disclosure by Giles Bridge – Broadway House Chambers

‘You are the witness to or the victim of a crime. The police officer says that they need you to hand over your mobile phone. The officer says it will be examined and all of the contents may be downloaded. The officer cannot say when you will get your phone back. There is a long backlog of phones waiting to be downloaded, it could be a couple of months. It’s your phone, you really rely upon it. Like most people, your average screen time has rocketed during lockdown. There is so much detailed and very personal information on that phone. You ask the officer, ‘Do you really need to take my phone?’ You are very reluctant to hand it over. The officer says, if you do not hand it over the case probably will not go any further. Discussions like this take place every day across the United Kingdom.’

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Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

Covid 19: The impact of the crisis on competition law and tax issues in sport – Blackstone Chambers

Posted July 13th, 2020 in chambers articles, competition, coronavirus, news, sport, taxation by sally

‘The Covid 19 epidemic and consequential lockdown measures have had a disastrous impact on the seasons of winter and summer sports alike. To take but one example, Tottenham Hotspur Football Club has said that it envisages a loss of revenue of £200 million, prompting it to seek funds from the Covid Corporate Financing Facility. The combined impact on Premier League revenues as a whole is predicted in the Deloitte Annual Report for 2019-2020 to be around £1 billion. This article considers the potential impact of the Covid crisis on competition law and tax issues for sports clubs and regulatory bodies. It reflects some thoughts I gave for a Blackstone Chambers Sports Webinar on 25 June 2020.’

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Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Case Comment – General Pharmaceutical Council v Kellett & Gamble (2020) QBD (Admin) 01/07/20; 6 WLUK 456: Regulator’s application to extend interim suspension orders: – Park Square Barristers

‘This was an application by the GPhC to extend interim orders for the suspension of the respondent husband and wife pharmacists who were co-directors of a company which owned three pharmacies.’

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Park Square Barristers, 6th July 2020

Source: www.parksquarebarristers.co.uk

Pressure mounts on Priti Patel over case of 11-year-old at risk of FGM – The Guardian

‘Barristers, former judges, politicians and campaigners are among 300 people who have signed an open letter to the home secretary, Priti Patel, urging her to grant asylum to an 11-year-old girl at high risk of female genital mutilation if taken abroad.’

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The Guardian, 10th July 2020

Source: www.theguardian.com

The impact of COVID-19 on sentencing – Park Square Barristers

‘This article reviews two Court of Appeal cases which have considered the effect that COVID-19 can have in sentencing in cases where the custody threshold has been passed. In summary, the cases make clear that the adverse effects the pandemic has had on prison life is a relevant factor a sentencing court can take into consideration in deciding: 1) whether to impose a suspend a sentence; and 2) the length of any immediate custodial sentence.’

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Park Square Barristers, 3rd July 2020

Source: www.parksquarebarristers.co.uk

A Local Authority v JB [2020] EWCA Civ 735 – Pump Court Chambers

‘In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a protectionist stance, considering whether P understood the risks or pregnancy or sexual disease etc. This decision however makes it clear that information relevant to the decision, also includes the ability to understand the importance of a partner consenting to such relations.’

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Pump Court Chambers, 23rd June 2020

Source: www.pumpcourtchambers.com

UK’s Magnitsky law does little to stem flow of dirty money from Russia – The Guardian

Posted July 13th, 2020 in human rights, news, Russia, sanctions by sally

‘He is known as Vladimir Putin’s enforcer. Almost every criminal case in Russia – from Pussy Riot to anti-government street protests – passes his desk. But as of last week Moscow’s top law officer, Alexander Bastrykin, is no longer welcome in Britain. He is banned from owning property, opening a bank account or popping over from Moscow for a weekend jaunt.’

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The Guardian, 10th July 2020

Source: www.theguardian.com

What are my rights if I’m stopped and searched? – BBC News

‘The police watchdog is launching a review into whether police tactics, such as stop and search, discriminate against ethnic minorities.’

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BBC News, 10th July 2020

Source: www.bbc.co.uk

Case Preview: R (Gourlay) v Parole Board – UKSC Blog

Posted July 13th, 2020 in appeals, costs, jurisdiction, news, parole, Supreme Court by sally

‘In this case the “court” in question is the Parole Board. The inverted commas are because one of the issues is whether the Board is, in fact, a court for these purposes. Mr Gourlay is a life sentence prisoner. On 10 March 2014 the Parole Board refused to recommend that he be transferred to open conditions (almost always an essential precondition to later release). The Secretary of State usually, but does not always, accept such recommendations. Mr Gourlay challenged the Board’s refusal to make a recommendation. In accordance with a published “litigation strategy” that it has had since 2013 the Board did not engage with that challenge. That strategy takes advantage of a practice encapsulated in a case concerning coroners, R (Davies) v Birmingham Deputy Coroner [2004] 1 WLR 2739, which is that courts and tribunals will not usually be ordered to pay costs provided they have maintained a neutral stance. Mr Gourlay succeeded in his challenge, but both the High Court, and the Court of Appeal, held that Davies applied to the Board, and so Mr Gourlay did not recover his costs. This meant, amongst other things, that his lawyers were only entitled to be paid at around a quarter to a third of the rate they would have received if party-party costs had been awarded in Mr Gourlay’s favour.’

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UKSC Blog, 10th July 2020

Source: ukscblog.com

Getting late legal advice not a ground for set aside of possession order – Nearly Legal

Posted July 13th, 2020 in appeals, housing, landlord & tenant, legal representation, news, repossession by sally

‘This was Mr Sangha’s appeal of a refusal of his application to set aside a possession order against his property by a lender who had a charge on the property against a bridging loan which was not repaid. The back story is somewhat complicated, involving commercial properties, loans and leases, but not relevant to the grounds of the decision, so anyone interested can read the judgment.’

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Nearly Legal, 12th July 2020

Source: nearlylegal.co.uk

The family court and vulnerable people – Transparency Project

Posted July 13th, 2020 in children, disabled persons, equality, families, family courts, news by sally

‘Judges and magistrates of the family court deal with some of the most vulnerable people in our society. Quite often, people will find it difficult to participate because of their vulnerabilities. These vulnerabilities could cover a wide spectrum of barriers to participation: some litigants may have cognitive or mental health problems; some may have an intellectual disability; some may have a physical disability; and some may be particularly vulnerable as a result of the experiences they have suffered.’

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Transparency Project, 11th July 2020

Source: www.transparencyproject.org.uk

Barristers plead with peers for government Covid support – Legal Futures

‘Criminal defence barristers have made a desperate plea to peers for government support to survive the Covid-19 crisis, with solicitors agreeing that the profession was in dire straits.’

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Legal Futures, 13th July 2020

Source: www.legalfutures.co.uk

Man jailed for attempting to steal Magna Carta from Salisbury Cathedral – The Guardian

Posted July 13th, 2020 in attempts, criminal damage, imprisonment, magna carta, news, sentencing, theft by sally

‘A man who attempted to steal a priceless copy of Magna Carta from Salisbury Cathedral to prove it was a fake has been jailed for four years.’

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The Guardian, 10th July 2020

Source: www.theguardian.com

Ombudsman criticises council for mother of 6 left in bed and breakfast accommodation – Local Government Lawyer

‘A recently housed Haringey mother that had been living in a bed and breakfast since February 2020 was failed by her local council because it did not do enough to prevent her from becoming homeless, the Local Government and Social Care Ombudsman has said.’

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Local Government Lawyer, 10th July 2020

Source: www.localgovernmentlawyer.co.uk

High Court upholds lawyer’s entitlement to costs on DBA termination – Litigation Futures

Posted July 13th, 2020 in costs, damages, fees, law firms, news, solicitors by sally

‘A damages-based agreement (DBA) was not unenforceable because it obliged the client to pay incurred costs and expenses when she exercised her contractual right of termination, the High Court has ruled.’

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Litigation Futures, 13th July 2020

Source: www.litigationfutures.com

Tougher sentences for attacks on emergency workers considered – BBC News

Posted July 13th, 2020 in assault, consultations, emergency services, imprisonment, news, sentencing by sally

‘Plans to double the maximum jail term for criminals who assault emergency workers to two years are being considered by the government.’

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BBC News, 13th July 2020

Source: www.bbc.co.uk

Inquest into Stephen Port’s victims set to begin in new year – The Guardian

‘Families of the victims of serial killer Stephen Port have been assured that everything possible will be done to ensure the long-awaited inquests into their deaths go ahead in the new year despite the coronavirus pandemic.’

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The Guardian, 10th July 2020

Source: www.theguardian.com

Fewer than half of employment tribunal claimants use lawyers – Legal Futures

Posted July 13th, 2020 in employment, employment tribunals, legal representation, news, statistics by sally

‘Fewer than half of employment tribunal claimants use a lawyer, with most of those unrepresented at hearings saying it was because they could not afford one, according to government research.’

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Legal Futures, 13th July 2020

Source: www.legalfutures.co.uk

Shropshire maternity scandal: Hundreds more cases under review – BBC News

Posted July 13th, 2020 in birth, hospitals, inquiries, news, pregnancy, quality assurance, standards by sally

‘Hundreds more cases are to be reviewed by an independent inquiry into maternity care at an NHS trust, BBC News has learned.’

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BBC News, 10th July 2020

Source: www.bbc.co.uk