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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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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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