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Law digests: 10 May 2024

10 May 2024
Issue: 8070 / Categories: Case law , In Court , Law digest
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Confiscation order

R v Haden and others [2024] All ER (D) 95 (Apr), [2024] EWCA Crim 344

The Court of Appeal, Criminal Division, allowed the prosecution’s application for leave to appeal against refusals by the Crown Court judges to make confiscation orders against the defendants because of a failure to complete the proceedings within the permitted time provided by s 14 of the Proceeds of Crime Act 2002. There were four unrelated cases before the court which involved the determination as to whether there were exceptional circumstances justifying an extension of the permitted period beyond the two years from conviction. Applying the relevant authorities, the court held that exceptional circumstances existed in all the defendants’ cases within which the confiscation proceedings should be determined. Compliance with the procedural requirements of s 14 of the Act was not a condition precedent to the court retaining jurisdiction to make a confiscation order. Jurisdiction would be retained until the proceedings were determined following s 6 of the 2002 Act. In the first case, the court’s failure

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NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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