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21 October 2010 / Paul Yates
Issue: 7438 / Categories: Features , Public , Human rights
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Human traffic

Tackling the traffickers—a role for civil recovery orders, asks Paul Yates

Human trafficking is modern-day slavery. The Home Affairs Select Committee has conservatively estimated there are at least 5,000 victims of trafficking within the UK at any given time. Yet, despite significant areas of progress—such as the signing and ratification of the Council of Europe Convention on Action Against Trafficking in Human Beings, and new offences in relation to human trafficking for sexual exploitation and for forced labour—only 20–25 people per year were convicted of human trafficking offences in the UK between 2005–2008.

Identifying and protecting victims—and working with them sensitively—has rightly been the central focus of much of the campaigning work done to date. But are we doing enough to pursue the traffickers themselves?

Criminal prosecutions face significant obstacles. Many victims fear reprisals against themselves or their family by their traffickers or their associates. Many are reluctant to engage with the authorities because they have been smuggled into the country unlawfully, or have been forced to work in illegal industries such as prostitution

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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