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24 July 2008
Issue: 7331 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

Director of Revenue and Customs Prosecutions v N E Plastics Ltd [2008] All ER (D) 161 (Jul)

Under s 146A(3) of the Customs and Excise Management Act 1979, proceedings for a summary offence may be commenced at any time within six months from the date on which sufficient evidence to warrant the proceedings came to the knowledge of the prosecuting authority.

HELD For these purposes, matters within the knowledge of officers of HM Revenue and Customs are not to be imputed to the director of Revenue and Customs prosecutions, so the period for the commencement of summary proceedings starts only when sufficient evidence to warrant proceedings comes to the attention of the Director or his staff.

Home Office Circular 16/2008— Simple Cautioning of Adult Offenders: This circular, which replaces Home Office Circular 30/2005, provides guidance to the police and prosecutors on the use of the simple caution (and emphasises that simple cautions should generally be used for low-level offending), encourages greater consistency in the use of the simple caution, clarifies how the police and CPS responsibility for simple cautions is affected by the statutory charging scheme, sets out the process of administering a simple caution, emphasises the importance of accurate recording of simple cautions, and provides a standard simple caution pro forma.

Criminal Justice and Immigration Act 2008: for details of implementation, see http://www. justice.gov.uk/publications/criminal-justice actimplementation. htm.

Issue: 7331 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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