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28 March 2013
Issue: 7554 / Categories: Case law , Law digest
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Judicial review

R (on the application of Hoque) v City of London Magistrates Court and another [2013] All ER (D) 158 (Mar)

It was settled law that it was not the function of the Divisional Court to look for deficiencies in the wording of a search warrant provided that, so far as practicable, the articles for which the search had been authorised had been identified. Further, s 8 of the Police and Criminal Evidence Act 1984 (PACE) fulfilled a purpose which was different to that of s 15 of PACE. While s 8 regulated the requirements for jurisdiction to issue a search warrant and s 8(2) permitted a constable only to remove anything for which the search was authorised by the warrant, s 15 required identification in the warrant of articles for which authority had been given. It followed that it was the responsibility of the justice of the peace to ensure the compliance of the warrant with the requirements of s 15.

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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

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Foot Anstey—five promotions

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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 
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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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