The Key Cases of 2021

The Key Cases of 2021

R (Bussetti) v Director of Public Prosecutions [2020] EWHC 3004 (Admin)

“The case was concerned with a prosecution relating to what was said to be a grossly offensive video, sent via WhatsApp and later posted on YouTube, allegedly mocking the victims of the Grenfell Tower tragedy. It prompted the Divisional Court to consider the nature of an appeal by way of case stated, the constraints placed on the High Court as regards the evidence to which it can refer on such an appeal and the minimum requirements for the contents of the written Case Stated for the opinion of the court ...”

ADDED Wednesday 14th April 2021
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R v Daniels (Nathan) [2021] EWCA Crim 44

“The case was concerned with an alleged gangland execution in the course of the illicit trade in illegal drugs. It prompted the Court of Appeal to stress the need for a robust approach to be taken to the whole concept of ‘professional embarrassment’ and to highlight the degree of care required before trial lawyers take what Fulford LJ described as the ‘grave step’ of withdrawing from a case ...”

ADDED Monday 12th April 2021
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R (Begum) v Special Immigration Appeals Commission [2021] 2 WLR 556

“The case related to Shamima Begum, the so-called ISIS child bride, and her attempts to force the government to let her back into the country by contesting decisions taken by the former Home Secretary, Sajid Javid MP, stripping her of her British passport and refusing her entry clearance and leave to re-enter the UK. In July 2020, the Court of Appeal ruled that she should be allowed to return, in order to contest those decisions. The present Home Secretary, Priti Patel MP, appealed to the Supreme Court …”

ADDED Friday 9th April 2021
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R (Finch) v Surrey County Council [2021] 4 WLR 37

“The case was concerned with an incident in which the BBC managed to broadcast on one of its main regional news programmes an unauthorised recording of a hearing which had been conducted by video link before a High Court judge. It prompted the Divisional Court to survey the various statutes which place restrictions on the recording and broadcasting of legal proceedings in this country and to relate that regime to the arrangements put in place by the Coronavirus Act 2020 for the conduct of remote hearings ...”

ADDED Thursday 8th April 2021
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Collins (John Kenneth) v Director of Public Prosecutions [2021] EWHC 634 (Admin)

“This was an appeal by way of case stated relating to the enforcement of a confiscation order imposed in the wake of the notorious Hatton Garden job, which has been described as ‘the largest burglary in English legal history’ and which has already been the subject of no fewer than three feature films and a major 4-part television serial. The point raised on the appeal was described by Edis LJ as ‘novel and short’ and related to the calculation of the default terms of imprisonment where members of a criminal gang are each made the subject of confiscation orders based at least in part on the value of criminal property which they together acquired in the course of a joint enterprise or as the result of a criminal conspiracy ...”

ADDED Wednesday 7th April 2021
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Hamilton v Post Office Ltd [2021] EWCA Crim 21

"The case was concerned with a raft of appeals in prosecutions brought by the Post Office against against sub-postmasters and post-mistresses on charges of false accounting, theft and fraud. It prompted the Court of Appeal to consider the circumstances in which an appellant will be allowed to argue a particular ground of appeal against conviction even though the court has already decided that the appeal must be allowed and the conviction quashed on other grounds..."

ADDED Tuesday 6th April 2021
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R v A, B, D & C [2021] EWCA Crim 128

“The issue on the appeal was whether communications obtained by the French authorities from the EncroChat secure communication system and then supplied by the French to UK law enforcement were properly admissible in criminal proceedings in England and Wales or were excluded by the provisions of the Investigatory Powers Act 2016. The background was that, from around 2016 onwards, there had developed within international law enforcement a consensus that EncroChat was being used exclusively by criminals as a secure, encrypted means of communication …”

ADDED Wednesday 31st March 2021
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R (End Violence Against Women Coalition) v Director of Public Prosecutions [2021] EWCA Civ 350

“The case was concerned with the developing approach taken by the Crown Prosecution Service to charging decisions arising from allegations of Rape or Serious Sexual Offences (otherwise known as RASSO cases).”

ADDED Monday 29th March 2021
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R (KBR Inc) v Director of the Serious Fraud Office [2021] 2 WLR 335

“The appeal arose from an investigation undertaken by the Serious Fraud Office into allegations of international corruption. It was concerned with the true construction of the power vested in the Director of the SFO by section 2(3) of the Criminal Justice At 1987 to serve a notice requiring the production of specified documents appearing to him or her to relate to any matter relevant to an ongoing criminal investigation into suspected offences of serious or complex fraud. Specifically, the issue before the court was whether that subsection had extra-territorial effect and could be deployed to compel the production of documents held overseas by a foreign-registered corporation with no registered office or fixed place of business in the UK and never having carried on business here ...”

ADDED Tuesday 23rd March 2021
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