Articles

We are all about building knowledge, gaining experience and constantly striving for the best possible service for our clients. As part of that commitment we’ll reference relevant articles from the media below that we feel can help and inform our clients.

 

Sexual offences prevention orders
Is a SOPO necessary? By section 104 Sexual Offences Act 2003, a SOPO can only be imposed if the Court is satisfied that the defendantʼs behaviour makes it necessary for the purposes of protect ing the publ ic or any particular members of the public from serious sexual harm.

Christopher Lowe, Barrister

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Bad character evidence
The issue considered by the Court of Appeal was whether evidence that the defendant had been in possession of indecent images of children was capable of being admitted under the provisions of section 101(1)(d) of the Criminal Justice Act 2003 on the basis that it demonstrated a sexual interest toward children.

Christopher Lowe, Barrister

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Justice Bill : The Reform of Legal Aid
On Tuesday 21st June 2011, Ken Clarke, Lord Chancellor and Secretary of State for Justice laid the Justice Bill before the House of Commons. This contained many new and ground-breaking changes to the way justice will be administered and managed in England & Wales.

Ian Dodd

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Hearsay or not hearsay? That is the question...
The popularity of communication by text (SMS) and the increasing use of Facebook has provided an ever expanding source of statements, which in principle are admissible as hearsay evidence under the provisions of the Criminal Justice Act 2003.

Christopher Lowe, Barrister

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Competition Law & Land Agreements: Why it Matters
Lord Denning famously referred to European Law as “the incoming tide” and that tide has now reached the world of property law. Chapter 1 of the Competition Act 1998, implementing article 101 of the Treaty on the Functioning of the European Union, prohibits in some circumstances agreements which prevent, restrict or distort competition.

James Howlett, Barrister

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Jones v Kaney: The Implications for Expert Witnesses
A seven judge Supreme Court has abolished immunity from suit in negligence so far as it affects expert witnesses. The facts were extremely simple. The Defendant, a clinical psychologist, was instructed to report on post traumatic stress disorder symptoms suffered by a road traffic accident victim.

James Howlett, Barrister

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In Hard Times, Mediation is the Way Forward
The legal world is changing almost as quickly as the financial world. For many individuals, small and medium sized businesses and local authorities the cost of litigation has always been a worry, so much so that good cases are not brought or settle on poor terms because of the potentially crushing burden of costs.

Today this worry is greater than ever.

James Howlett, Barrister

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The Barn that was really a House
A story of skulduggery, planning law and the Baader-Meinhof Group. In Pioneer Aggregates (UK) Limited v Secretary of State for the Environment, Lord Scarman stressed that planning control is a creature of statute, a comprehensive code imposed in the public interest into which the courts should not import principles or rules derived from private law unless expressly authorised by statute or if it is necessary to give effect to the legislative purpose.

James Howlett, Barrister

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