skip to Main Content

Reversing Decision to Caution

  • November 12, 2021

The appellant, an 18-year-old of good character, was searched and found to be in possession of a lock knife and a cannabis cigarette when the car in which he was a front seat passenger was stopped by police: Danny Mansfield…

Read Blog Post

Proprietary Interest Takes Precedence

  • November 3, 2021

  The overall scheme of the Proceeds of Crime Act 2002 (POCA) was not to interfere with property rights and, although there were specific provisions of POCA which allowed the State to override property rights, they were not engaged by…

Read Blog Post

Chancery Court Upholds FCA’s Regulatory Action

  • October 27, 2021

An ICC judge[1] held at first instance that the Financial Conduct Authority (FCA) required the permission of the insolvency court because, under s130(2) of the Insolvency Act 1986, regulatory action against a company in liquidation constituted an action or proceeding.…

Read Blog Post

Ombudsman Excluded from Safe Space

  • October 25, 2021

Provisions of the generally welcomed Health and Care Bill create what is described as a “safe space” for investigations to be conducted by the Health Service Safety Investigations Body (HSSIB). This safe space, designed to encourage NHS staff and other…

Read Blog Post

10-Year Restraining Order Quashed

  • October 21, 2021

Another case where justice has been denied to both the aggrieved and the accused because of delays in the criminal justice system was highlighted by the decision of the Court of Appeal Criminal Division to set aside a 10-year restraining…

Read Blog Post

Justice Not Seen to be Done

  • October 20, 2021

It is trite law, as well as being a fundamental requirement of fairness, that parties to a dispute should have an equal ability to take part in proceedings and a right to be heard. Part of that requirement is that…

Read Blog Post

Sentencing Discounts for Informers

  • October 14, 2021

Lord Justice Fulford, Vice-President of the Court of Appeal (Criminal Division), revealed a partial judgment on behalf of himself and two unnamed judges in a case in which the defendant was not named: T v The Queen [2021] EWCA Crim…

Read Blog Post

Care Order Splits Court of Appeal

  • October 11, 2021

An appeal against care orders made by a Circuit Judge led to another split decision in  the Court of Appeal last week in a case which each appeal judge observed to be very difficult:  H-W (Children: Proportionality) [2021] EWCA Civ…

Read Blog Post
Back To Top