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29 April 2022
Issue: 7976 / Categories: Case law , In Court , Law digest
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Law digests: 29 April 2022

Contempt of court

Braintree District Council v Wilson and others [2022] EWHC 753 (QB), [2022] All ER (D) 18 (Apr)

The Queen’s Bench Division allowed the claimant local authority’s committal application for contempt of court, against the first defendant. The application had been brought on the basis that the defendant had breached court orders following alleged breaches of planning control, through causing or allowing unauthorised works to be done on his land. Prior to the hearing, the defendant had largely admitted the allegations upon which the applications had been based, such that the main issue before the court was to decide on the appropriate sanction. The court held that the defendant’s breaches of court orders had amounted to criminal contempts. The defendant’s culpability had been high, due to his failure to engage with the planning process, his refusal to comply with court orders, and his evasive and untruthful response to committal proceedings. There had been a significant harm or risk of harm due to the defendant’s breaches. Despite the presence of several mitigating

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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