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09 August 2024
Issue: 8083 / Categories: Case law , In Court , Law digest
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Law digests: 9 August 2024

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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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