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24 June 2022 / Danielle Reece-Greenhalgh
Issue: 7984 / Categories: Features , Family , Criminal
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Domestic abuse: casting a wider net

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Does the ever-expanding scope of domestic abuse law risk creating confusion & inconsistency in prosecution? Danielle Reece-Greenhalgh investigates
  • While some of the changes brought about by the Domestic Abuse Act 2021 are welcome, others—such as the expansion of the offence of ‘controlling or coercive behaviour’—risk causing inconsistency in sentencing due to the overlap with existing offences.

In the October 2019 edition of Corker Binning’s The Knowledge I wrote about the (then relatively new) offence of controlling or coercive behaviour (CCB) created by the Serious Crime Act 2015 (SCA 2015). I argued that the extraordinarily wide ambit of CCB might result in its abuse by litigants in acrimonious divorce or separation proceedings. Since that article, it is this firm’s experience that the investigation and prosecution of CCB has been a mixed bag. Some allegations of CCB have been meritorious and have rightly resulted in successful convictions. Other allegations of CCB have been nakedly abusive and constructed entirely to achieve a collateral advantage in family or other proceedings.

Room for improvement?

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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