header-logo header-logo

10 May 2024
Issue: 8070 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 10 May 2024

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

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
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’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll