In Practice | Law Gazette
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Criminal law
Defendant appealing – Whether judge erring in admitting surveillance evidence at trial
R v Turner: Court of Appeal, Criminal Division: 8 May 2013
The defendant had been convicted of the murder of his girlfriend after the use of covert surveillance provided evidence of significant admissions made by the defendant of his responsibility for her death. He was subsequently sentenced to life imprisonment with a minimum term of 16 years. He appealed against conviction and sentence. The Court of Appeal, Criminal Division dismissed both appeals rejecting the defendant's submissions that the covert surveillance evidence should not have been admitted into evidence at the trial and that the minimum term of the sentence had been imposed unjustifiably.
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SRA interventions
Oldham Law Centre Ltd
On 28 March 2013, the sub-committee resolved to intervene into the former practice of Paul Johnson at Oldham Law Centre Limited, formerly of First Floor, Archway House, Bridge Street, Oldham, Lancs OL1 1ED. The grounds of intervention are: that it is necessary to exercise the intervention powers to protect the interests of clients (or former or potential clients) of Paul Johnson or his firm, or the interests of the beneficiaries of any trust of which Johnson is or was trustee.
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Litigants in person; oral evidence; and costs management
Sir Alan Ward in Wright v Michael Wright Supplies Ltd [2013] EWCA Civ 234, a case which concerned two litigants in person (LIPs), opened his judgment by warning the reader that ‘this judgment will make depressing reading’. The case highlighted the difficulties increasingly encountered by the judiciary at all levels when dealing with LIPs.
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Libel and slander
Claimant seeking determination on meaning of words complained of as preliminary issue
Lord McAlpine of West Green v Bercow: Queen's Bench Division (Mr Justice Tugendhat): 25 April 2013
In the course of libel proceedings, Lord McAlpine sought, as a preliminary issue, the determination on the meaning of certain words tweeted by the defendant. The Queen’s Bench Division held that the overriding objective required that the actual meaning of the words complained of should be determined at as early a stage in the litigation as was practical. Accordingly, it ordered the trial of a preliminary issue on the actual meaning of the tweet and whether those words had been defamatory.
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Appeal
Defendants being convicted of misconduct in public office offences – Defendants appealing
R v Cosford and others: Court of Appeal, Criminal Division: 16 April 2013
The defendants were employed as either a nurse or prison/health officer in a prison. They had all been convicted of misconduct offences for activities undertaken during their course of employment involving supplying mobile telephones to a prisoner. They appealed against conviction contending that they had not held a public office by virtue of their employment. The Court of Appeal, Criminal Division dismissed the appeals and held that the duties undertaken in their employment amply fulfilled the requirements of a public office.
Out-Law News
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Trustees and pension providers should use reporting protections to help fight liberation fraud, says expert
FOCUS: Those responsible for pension funds and management should make use of special provisions to protect them from prosecution in relation to pensions liberation fraud. -
'Ambush marketing' prevention rules for Glasgow 2014 Commonwealth Games published
New rules have been drafted which would prohibit 'ambush marketing' and illegal street trading during the 2014 Commonwealth Games in Glasgow. -
Leeds to consult on allocation plan for 66,000 homes
Leeds City Council's executive board has approved the preliminary issues and options for the Leeds Site Allocation Plan, which will now be issued for public consultation in the summer. -
West Northamptonshire Core Strategy delayed by new housing assessment
The examination of a joint Core Strategy by three Councils has been put on hold while the Councils undertake a reassessment of their housing needs. -
Bolton consults on CIL draft charging schedule
Bolton Council has launched a consultation on its community infrastructure levy (CIL) draft charging schedule (DCS) (7-page / 113KB PDF) with proposals to remove a town centre retail charging zone it had previously consulted on.
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