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Legal Updates

19 October 2018

C5 notices – extrajudicial punishment or innovative policing?

Earlier this week, the BBC and The Victoria Derbyshire programme reported on a new warning notice scheme being issued by some police forces in England and Wales. The notices are issued when police have received intelligence raising concerns about an individual’s sexual behaviour but there is insufficient evidence for the matter to proceed to charge.  

Áine Kervick

17 October 2018

FCA to regulate Claims Management Companies and caps on fees introduced

A number of provisions in the Financial Guidance and Claims Act 2018 (“the Act”) came into force on 1 October 2018, following the Act receiving Royal Assent on 10 May 2018.  Amongst other things, the Act transfers the regulation of Claims Management Companies (“CMCs”) from the Ministry of Justice (“MoJ”) to the Financial Conduct Authority (“FCA”) and imposes caps on the fees which CMCs can charge.  The FCA will take over regulation from April 2019.

10 September 2018

The Crime (Overseas Production Order) Bill - We must not lose control of data sharing

Scant attention has been paid to the House of Lords review of the Crime (Overseas Production Order) Bill — yet the legislation will give the UK authorities vastly extended powers to see data stored overseas for the purposes of criminal prosecutions. Critically, the bill needs more safeguards to protect individual rights before it gains final approval.

Rebecca Niblock

10 September 2018

How best to react to claims of sexual misconduct

THE media storm surrounding former SNP leader Alex Salmond has in many ways been fuelled by his confrontational approach to the sexual misconduct claims raised against him. These allegations came to the public’s attention when he commenced legal proceedings against the Scottish Government about their handling of investigations. Some consider this a smart move, others a political distraction from the underlying claims. It will be interesting to see how his case plays out given his very public profile. 

Kirsty Churm

30 August 2018

The criminal offence of controlling and coercive behaviour: avoiding the potential pitfalls in family proceedings

The criminal offence of Controlling and Coercive behaviour in an intimate and family relationship should be of key significance to family lawyers. Family lawyers know all too well that allegations of harassment and domestic abuse are regularly raised in the context of a relationship breakdown - and instances of Controlling and Coercive behaviour from one partner or spouse towards the other may, once raised, play a significant role in both the divorce and any children proceedings. An allegation of Controlling and Coercive behaviour may give rise to a criminal complaint and an intrusive police investigation. Whether your client has accused their partner of Controlling and Coercive behaviour or is the subject to a police investigation following such an allegation, it is critical to synchronise the criminal and family law advice. This article provides guidance through the tricky and unpredictable process.

Alexandra Bishop

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