When Victims of Modern Slavery Became Offenders: The Unravelling of the UK’s Modern Slavery Agenda – Journal of Human Trafficking

Posted March 14th, 2024 in defences, duress, forced labour, news, trafficking in human beings, victims by sally

‘While victims of trafficking who commit crimes have a defense in law in England and Wales, this has not been without controversy in the courts and is increasingly threatened in practice as British government ministers heap suspicion on those formally seeking recognition as victims of modern slavery. In the first part of this article, we review recent criminal cases decided by the Court of Appeal in England and Wales to explore why it is that some victims of trafficking break the law. These cases reveal the impossible choices that constitute the nexus of circumstances that lead victims to offend. In the second part of this article, we examine the cases of three people convicted of modern slavery and allied immigration crimes that are excluded from the statutory defense in English and Welsh law to show how morally comprehensible the commission of serious crimes can be in the aftermath of exploitation, destitution and trauma. We conclude by urging academics and activists in the modern slavery field to be vocal about how few victims fit their stereotypes and to help articulate the irreconcilably difficult choices that explain why some break the law in immigration contexts that are overtly hostile toward them.’

Full Story

Jounal of Human Trafficking, 27th February 2024

Source: www.tandfonline.com

Modern slavery survivors ‘imprisoned for crimes they were forced to commit’ – The Independent

Posted November 28th, 2023 in duress, forced labour, guilty pleas, imprisonment, news, sentencing, victims by tracey

‘Survivors of modern slavery are being sent to prison for crimes they were forced to commit and not being identified for help, new research suggests.’

Full Story

The Independent, 28th November 2023

Source: www.independent.co.uk

New Judgment: The Law Debenture Trust Corporation plc v Ukraine (acting upon the instructions of the Cabinet Ministers of Ukraine) [2023] UKSC 11 – UKSC Blog

Posted March 16th, 2023 in banking, contracts, duress, international law, loans, news, Russia, Supreme Court, Ukraine by sally

‘This appeal arises out of a contractual dispute between Ukraine and the Law Debenture Trust Corporation plc (“the Trustee””), acting on behalf of the Russian Federation (“Russia”).’

Full Story

UKSC Blog, 15th March 2023

Source: ukscblog.com

Case Comment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted October 28th, 2021 in airlines, appeals, duress, news, Pakistan, Supreme Court by sally

‘In this post, Stephanie Cheung, Mitchell Abbott and Jana Blahova of CMS Cameron McKenna Nabarro Olswang LLP, comment on the decision handed down by the UK Supreme Court in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 and consider how the decision impacts on the doctrine of lawful economic duress.’

Full Story

UKSC Blog, 26th October 2021

Source: ukscblog.com

UK Supreme Court clarifies scope of ‘lawful act economic duress’ – OUT-LAW.com

Posted September 7th, 2021 in contracts, duress, news, Supreme Court by sally

‘A recent decision by the UK’s highest court has clarified the circumstances in which a party to a commercial contract is entitled to rescind that contract on the grounds of ‘economic duress’ under English law.’

Full Story

OUT-LAW.com, 6th September 2021

Source: www.pinsentmasons.com

New Judgment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted August 19th, 2021 in agency, airlines, contracts, duress, news, Supreme Court by sally

‘The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other party threatening to do a lawful act.’

Full Story

UKSC Blog, 18th August 2021

Source: ukscblog.com

High court rules in favour of rape victim who retracted accusation under duress – The Guardian

‘A domestic violence victim who was jailed for retracting an allegation of rape, which was actually true, will have her compensation increased after an appeal judge ruled she had been unfairly punished for failing to fully cooperate with police.’

Full story

The Guardian, 1st August 2016

Source: www.guardian.co.uk

Ian Watkins verdict: How did he coerce Woman A and Woman B? – Barristers’ Hub

Posted January 28th, 2014 in child abuse, duress, harassment, news by sally

‘Ian Watkins was sentenced to 35 years’ imprisonment for a series of child sex offences, including the attempted rape of a baby, on the 18th of December 2013. His co-defendants, known as Woman A and Woman B, also received lengthy custodial sentences: 14 years and 17 years respectively.’

Full story

Barristers’ Hub, 27th January 2014

Source: www.barristershub.co.uk

Defence of marital coercion used by Vicky Pryce to be abolished – The Guardian

‘The defence of marital coercion, unsuccessfully used by Chris Huhne’s former wife Vicky Pryce at her trial last year, is to be abolished.’

Full story

The Guardian, 17th January 2014

Source: www.guardian.co.uk

Philpott – why wasn’t it murder and when will he be free? – Halsbury’s Law Exchange

Posted April 9th, 2013 in arson, bad character, duress, evidence, homicide, news, sentencing by sally

“1.3 million people tuned into Channel 5 when the schedule was changed at 9pm on 3 April 2013 to show a documentary examining the high-profile Philpott story, featuring new material about the tragic event and subsequent trial.”

Full story

Halsbury’s Law Exchange, 8th April 2013

Source: www.halsburyslawexchange.co.uk

Duress and deprivation of citizenship – BBC Law in Action

Posted March 13th, 2013 in citizenship, duress, news by sally

“This week, Joshua Rozenberg investigates government powers to strip Britons of their citizenship.”


BBC Law in Action, 12th March 2013

Source: www.bbc.co.uk

The Vicky Pryce case highlights why ‘marital coercion’ should be thrown out – The Guardian

Posted March 7th, 2013 in bullying, defences, duress, harassment, married persons, news by sally

“The defence used by Chris Huhne’s ex-wife after she took his speeding points is not available to men or unmarried women.”

Full story

The Guardian, 7th March 2013

Source: www.guardian.co.uk

Can the Court Protect Vulnerable Adults who have Capacity? – Family Law Week

Posted September 28th, 2012 in duress, jurisdiction, local government, mental health, news by tracey

“Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.”

Full story

Family Law Week, 27th September 2012

Source: www.familylawweek.co.uk

A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by tracey

A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange

Posted March 20th, 2012 in abuse of process, appeals, duress, news, perverting the course of justice, rape by sally

“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”

Full story

Halsbury’s Law Exchange, 19th March 2012

Source: www.halsburyslawexchange.co.uk

Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian

“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

Halpern and Another v Halpern and Others (No. 2) – Times Law Reports

Posted May 14th, 2007 in contracts, duress, law reports by sally

Counter-restitution not required

Halpern and Another v. Halpern and Others (No. 2) 

Court of Appeal

“It was not necessarily the case that a party wishing to obtain rescission of a contract on the ground of duress had to be able to provide counter-restitution. The Court of Appeal so stated, inter alia, when: (i) allowing an appeal by the defendants, Nochum Halpern, David Halpern, Bezalel Halpern, Akiva Halpern and Eshter Vaisfische, against a decision of Mr Justice Christopher Clarke in the commercial court ([2006] 2 All ER (Comm) 251) and (ii) allowing their appeal against a decision of Mr Nigel Teare, QC, sitting as a deputy Queen’s Bench Division judge ( The Times July 18, 2006; [2006] 3 WLR 946) on a preliminary issue whether rescission was available as a remedy for duress if substantial restitution could not be given.”

The Times, 14th May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.