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Weekly law digests

04 May 2018
Issue: 7791 / Categories: Case law , Law digest , In Court
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Animal welfare

Barker and another v Royal Society for the Prevention of Cruelty to Animals [2018] EWHC 880 (Admin) [2018] All ER (D) 168 (Jan)

The proceedings concerned the first case to reach to High Court on the issue of sentencing for an offence, under s 9 of the Animal Welfare Act 2006, of failing to take such steps as were reasonable, in all the circumstances, to ensure that the needs of an animal, for which a person was responsible, were met to the extent required by good practice. The appellants had pleaded guilty in the magistrates’ court to two offences under s 9 of the Act and had, among other things, been disqualified from owning or keeping any animal for a period of seven years, subject to one exception. The Crown Court upheld the disqualification order, but varied it to permit the appellants to own and keep terrapins. In dismissing the appellants’ appeal by way of case stated, the Administrative Court ruled that an ‘all animals’ prohibition under the Act was not wrong in principle

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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