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19 October 2012 / Amy Smith , David Hertzell
Issue: 7534 / Categories: Features , Commercial
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Taking on the legal muggers

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Victims of misleading & aggressive demands for payment need protection, say David Hertzell & Amy Smith

Rogue wheel-clampers strike fear into the hearts of drivers everywhere. News stories tell of intimidating clampers who threaten those who have unknowingly parked on the clamper’s land. In fact the AA has declared it “legalised mugging”.

Now the government plans to make wheel-clamping on private land illegal. The Protection of Freedoms Act received Royal Assent in May this year. The Act outlaws wheel-clamping on private land: s 54 creates the new offence of immobilising vehicles on private land, punishable upon conviction in the Crown Court by an unlimited fine.

There are questions, however, as to whether this new Act will curb the actions of rogue clampers. Scotland has declared wheel-clamping on private land illegal since 1992 (Black v Carmichael 1992 SLT 897). But following this development, land owners have found another way of trying to prevent people from parking on their land: ticketing. Therefore, although immobilising vehicles parked on private land will

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MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

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Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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