Blog
Can you sack someone in order to avoid paying them the National Minimum Wage?
Can you sack someone in order to avoid paying them the National Minimum Wage? Perhaps unsurprisingly, the answer is a straightforward “no”. Suppose that I employ a number of individuals, all of whom are entitled to receive the National Minimum Wage. Business has been hard during the pandemic, and so I want to make costs savings. Staff […]
Jurisdiction & Divorce: Timing and Staying to secure a UK Divorce
So if there was any doubt, a stayed application is still alive, and for the purposes of jurisdiction, such an application can be deemed the 1st in time, if so issued before a competing foreign application, or can become 1st in time and so obtain priority status, if the 1st in time (non-UK) application later […]
Greater Sentencing Power for Magistrates – A Solution to the Backlog?
It was confirmed on 18 January 2020 that Magistrates are to have their sentencing powers increased in the coming months, granting them broader power than ever before. The most significant change is that Magistrates’ will be able to impose a sentence of up to 12 months in custody which is double the previous maximum sentence. […]
Decoding EncroChat: Admissibility
In the midst of the pandemic last year, unbeknownst to its users at the time, the EncroChat service was infiltrated by malware which installed an identical application on their EncroChat devices. This application, as well as functioning as it normally would, now also sent all message data to intelligence teams across Europe. The National Crime […]
Manslaughter: Having your Cake and Eating It
In June 2021 Salisbury Crown Court heard an interesting case of manslaughter (in which I acted for the Defendant along with Tessa Shroff) that came about by reason of the family of the victim’s right to review. It gave rise to considerations of the propriety of the Crown trying to run a prosecution on two […]
Covid-19 Inquiry – Devolved Administrations and Article 2 Considerations
From very early on in the Covid-19 pandemic, there have been calls for a public inquiry into the UK Government’s response to it. These calls have come from a wide range of individuals and bodies and the questions they put forward for an inquiry’s consideration are manifold. Whilst there has already been considerable scrutiny into […]
Breakingbury v Croad “Why be a professional – be a footballer”
The adoration bestowed upon footballers far outweighs the gratitude bestowed upon members of the professions for the work they undertake. The consequences for an unsuccessful professional are far greater than for an unsuccessful footballer. Take for example the case of the former dentist Dr Croad (Breakingbury v Croad judgment 19th April 2021). The legal […]
Law Commission Consultation Paper on Taking, Making and Sharing Intimate Images without Consent
In February of this year, the Law Commission of England and Wales published its Consultation Paper on taking, making and sharing intimate images without consent. I was fortunate to be part of the team who produced this Paper prior to the commencement of my pupillage in October 2020. The project originated from the Law […]
Modern Slavery
A young man [YM] from London smokes shared cannabis socially with his ‘new friend’[NF]. After a little time, discovering that the YM has a job, NF asks for payment for the cannabis, a sum just beyond YM’s financial reach, NF demands carrying and supplying in lieu of the debt. Unusually early one morning YM is […]
Sentencing Disposals under the Mental Health Act 1983
In criminal practice, it is not uncommon to represent clients with complex and severe mental health issues. The test in R v Pritchard (1836) 7 C&P 303 which sets out the test for a Defendant’s fitness to plead does not always capture the vast array of clients with psychiatric diagnoses, meaning that it is possible […]
Re H-M [2021] EWCA Civ 748: Inconsistent post-fact finding convictions
Hot off the press this week is the judgment in Re H-M [2021] EWCA Civ 748, in which the Court of Appeal (Peter Jackson LJ, Singh LJ and Stuart-Smith LJ) considered an appeal by a mother from a refusal by the trial judge to reopen findings made at the conclusion of a fact-finding hearing. One […]
Without notice applications in Children Act and Family Law Act: tips, pointers and warnings
Without notice applications, both under the Children Act 1989 and Family Law Act 1996, are invaluable tools in the realms of domestic abuse and child protection. Particularly in relation to Family Law Act applications, such work is considered the bread and butter of the junior family barrister. However, those who would treat such applications as […]