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02 December 2022
Issue: 8005 / Categories: Case law , In Court , Law digest
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Law digests: 2 December 2022

Contempt

Cuciurean v Secretary of State for Transport and another [2022] EWCA Civ 1519, [2022] All ER (D) 60 (Nov)

The King’s Bench Division dismissed the appellant’s appeal against his previous order as of right. This was in regard to the judge sentencing the appellant to 268 days’ immediate custody for contempt of court. He also fined him £3,000. The appellant was committed for contempt of court for 12 breaches of an injunction protecting HS2 land. The court held, among other things that it was not appropriate to fine the appellant on the particular facts of that case. He had no assets and was the subject of a term of immediate custody. The fine was therefore quashed. As to the methodology by which the judge calculated the overall term, they did not consider it appropriate. It was appropriate for that court to review the overall sanction. Overall, they found that the period of 268 days’ imprisonment was not excessive or unreasonable.


Criminal

R v Elmi [2022] EWCA Crim 1428, [2022]

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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