In Focus

 

Abuse of Process for Lost Evidence: Alive and Kicking

Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed. ...

The Latest EncroChat ruling from the French 'Supreme Court'

In June 2020 the EncroChat hack became public knowledge. Courts across Europe have considered the implications and admissibility of data obtained. This article explores the significance of the latest ruling in France. Case Analysis Summary: The Court of...

Human Rights as a defence to charges of Criminal Damage?

The Court of Appeal concludes that Human Rights law is no defence to charges of criminal damage for protests which result in significant damage to property.   In June 2020, the statue of the trans-Atlantic slave trader Edward Colston was toppled...

To Play or Not to Play? That was the Question...

In the immediate aftermath of the announcement at 18:30 hours on 8 September 2022 of the death of Her Majesty Queen Elizabeth II, UK sports governing bodies, their stakeholders, and national broadcasters had to hurriedly consider how best to reflect the...

Where Financial Crime, Geopolitics and Sport Collide: Is this the Law of Unintended Consequences?

Russian troops entered Ukraine on 24 February 2022. Within three weeks the UK Government conjoined with the US and EU to crack down on “dirty money” and “corrupt elites” by imposing a raft of Sanctions upon a broad class of...

Economic Crime (Transparency and Enforcement) Act 2022

On 15 March 2022 the long-awaited Economic Crime (Transparency and Enforcement) Act 2022 (‘the Act’) came into force. Introduction For many years there has been increasing concern about asset ownership in the UK and the need to ensure...

Revised Guidelines for Burglary Offences: An Update

On 1 July 2022, the Sentencing Council’s Revised Guidelines for the offences of domestic , non-domestic and aggravated burglary will come into effect in England and Wales. The Revised Guidelines are the product of a consultation , which sought...

Upper Tier Tax Tribunal - KSM v HMRC

In the Upper Tier Tax Tribunal Adrian Eissa QC, instructed by Gary Bromelow of Saunders Solicitors Limited, successfully argued that the First Tier Tax Tribunal does have jurisdiction to apply public law principles, including that of legitimate...

Private Prosecution Stayed as an Abuse of Process: Costs Recovered

The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and...

Adjusting to Covid-19 under the English Criminal Justice System

Professor Rudi Fortson QC discusses UK coronavirus legislation and its impact on the rule of law, on UK constitutional doctrines, on institutions, on the criminal courts, and, above all, on persons whose daily life was severely impacted by COVID-19...

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