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28 November 2013 / David Corker
Issue: 7586 / Categories: Opinion , Profession
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Unwarranted behaviour

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Are warrants worth the paper they’re written on, asks David Corker

The judgment of the Admin Court in R v Chief Constable of the British Transport Police [2013] EWHC 2189 is a disturbing read for those concerned with upholding the quality of our justice system. This case concerns two firms of London-based criminal defence solicitors against whom in mid-2012, the British Transport Police (BTP) obtained and executed search warrants under s 9 and Sch 1 of the Police and Criminal Evidence Act 1984. Both firms subsequently sought a judicial review and succeeded in having the warrants quashed.

Searching for sleepers

The story begins with the decision of the police to apply to search the home address of a defence solicitor who was representing a client suspected of stealing railway sleepers. Their suspicion that the solicitor had sought to pervert the course of justice and was conspiring with his client to conceal criminal property was based upon the following exchange between a police officer and the solicitor concerning the whereabouts of the client’s mobile phone:

“While

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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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