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Law digests: 9 August 2024

09 August 2024
Issue: 8083 / Categories: Case law , In Court , Law digest
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Criminal law

Cobban and another v Director of Public Prosecutions [2024] EWHC 1908 (Admin), [2024] All ER (D) 131 (Jul)

The Administrative Court dismissed the appellants’ appeal by way of case stated against their convictions of improperly using a public electronic communications network contrary to s 127(1) of the Communications Act 2003 while engaged in private consensual messaging on a WhatsApp group and refused their judicial review applications in relation to their sentence of 12 weeks’ immediate custody for each offence. The appellants had sent messages between serving officers of the Metropolitan Police Service which were held by the district judge at the Magistrates’ Court to be of a ‘grossly offensive’ nature. The court, deciding that Director of Public Prosecutions v Collins [2006] 4 All 2006] 4 All ER 602 had binding authority, held that s 127(1) of the Act may criminalise the consensual exchange of indecent material using a public electronic communications network. On the facts of the present case, no assistance could be gained in determining whether the messages were ‘grossly

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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