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

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Sidley—James Inness

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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