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Tuesday, 19Th March 2019 The Letter of the Law News Summary View this email in a browser Tuesday, 19th March 2019 An early morning round up of news for legal professionals across the UK LAW Paedophiles snared by vigilante groups will face tougher charges The Crown Prosecution Service (CPS) says new rules will see tougher charges for child abusers caught by so-called paedophile hunters who pose as children online. With some arguing that sentences are too lenient as there is no actual victim involved, the CPS says cases will now be treated as if there was an identifiable child victim. Sue Hemming, a CPS director, said: "We know online grooming of children is a huge area of concern. Anyone thinking of taking that first dreadful step of trying to contact a child for sex needs to know from that moment on they face very serious charges. The charge will be the same regardless of who they are, in fact, communicating with." The Daily Telegraph, Page: 2 Name change loophole fear over abuse law It has been claimed that a domestic violence law which allows people to check if their partner has a violent criminal past can be bypassed easily if the person changes their name by deed poll. Police are reviewing the matter following claims from a victim who believes her abusive partner’s background was not flagged when she checked his past because he had changed his name several times. The Times, Page: 15 Chancellor to act over fraudsters Chancellor Philip Hammond says he will crack down on telephone fraud after a Daily Mail investigation revealed that conmen based overseas and posing as HMRC officials have been targeting taxpayers. Mr Hammond said the Government planned to remove phone lines used in scams, with 450 numbers already closed, while Mel Stride, Financial Secretary to the Treasury, pledged to bring fraudsters to justice wherever they operate. Daily Mail, Page: 14 Letter: Probate fee reform a ‘backdoor tax hike’ In a letter to the Telegraph, signatories including Ian Bond, Chair of the Law Society’s wills and equity committee, say that proposed increases to probate fees are “extortionate” and “amount to a backdoor tax hike.” They say the Government's decision to raise probate fees via statutory instrument is “concerning” and sets a dangerous precedent for future fee-levying. The Daily Telegraph, Page: 15 Green light for scooters Future of Mobility Minister Jesse Norman says ministers will look at drafting regulations and updating the 1835 Highway Act so as to allow electric scooters on Britain's roads for the first time. The Daily Telegraph, Page: 6 Daily Express, Page: 6 The Sun, Page: 16 PROPERTY MPs: Change law on leaseholds MPs are calling for a change to the law to help families trapped in leasehold deals escape their unsellable homes, suggesting an inquiry into the sale of such properties is required. A report from the House of Commons housing committee accuses large housing firms of exploiting buyers with leasehold contracts that impose large ground rents and “excessive” fees. It also criticises solicitors for failing to warn clients, while voicing concern that some lawyers are too closely linked with developers. The report says it is “‘legally possible” for the Government to intervene; calls for an overhaul of the leasehold system that would see peppercorn ground rents on all properties; suggests developers should be banned from offering buyers deals to use their recommended solicitors; and supports calls for the Competition and Markets Authority to investigate the sale of leasehold homes. Daily Mail, Page: 4 40-year mortgages becoming ‘new normal’ Homeowners paying off mortgages into their 70s are expected to become the "new normal" as more than half of loans can now be extended over 40 years. Data compiled by Moneyfacts shows 51% of mortgage deals available on the market are available over a maximum repayment period of 40 years, up from 36% in 2014. By contrast just 3% of deals require borrowers to repay within 25 years, down from 7.5% in 2014. Moneyfacts suggested that home loans are getting longer due to the sharp rise in house prices, and that by choosing longer terms homeowners can afford to take out bigger loans, although they will be more expensive in the long run as more interest will be paid. The Daily Telegraph, Page: 10 CRIME Minister: Far-right attacks ‘perfectly possible’ Security Minister Ben Wallace has told the Commons that it is "perfectly possible" that an attack like that seen in New Zealand could happen in the UK, warning that there is a "growing threat" from the far right, saying this is “the pool that terrorists of the future will recruit from". He added that ministers would consider new gun controls if necessary but added that gun laws in this country “make it much harder for people to acquire weapons that could wreak mass murder in a very quick time". Mr Wallace also spoke out against social media firms after the attack in Christchurch was live-streamed and shared online. He said the Government would set out clear expectations of how tech companies should keep users safe - and the consequences if they failed to do so - in an imminent White Paper, adding: “We've been clear that tech companies need to act more quickly to remove terrorist content and ultimately prevent new content being m ade available to users in the first place.” BBC News The Independent, Page: 16 SENTENCING Lawyer: Having a knife should mean jail Lawyer Nick Freeman, nicknamed "Mr Loophole", says anybody found carrying a knife should be jailed, commenting: “There needs to be a minimum mandatory sentence of at least six months for simple possession of a knife without aggravating factors. That way we would at least have a chance of knife crime policing itself." Daily Star, Page: 9 CORPORATE MPs warn music fans not to use Viagogo MPs on the Digital, Culture, Media and Sport Committee have warned music fans against using secondary ticketing site Viagogo until it fully complies with consumer law. The committee said it has taken the “highly unusual step” as the company has shown an “unwillingness to appear before the committee and provide oral evidence” and that it has demonstrated “disdain for not only the legislative process, but its customers”. This comes after a court order in November demanded that Viagogo provide accurate and upfront information about tickets sold on its website. The Competition and Markets Authority (CMA) has noted “issues of concern” in Viagogo’s compliance, saying it could take legal action against the company for allegedly failing to comply with the order. The MPs said it is “imperative that the CMA acts promptly and decisively to bring Viagogo into line with consumer law.” Daily Mail, Page: 26 The Daily Telegraph, Business, Page: 1 Financial Times I, Page: 19 The Times, Page: 18 The Guardian, Page: 32 The Independent, Page: 59 The Sun, Page: 18 CASES Mother sentenced over daughter’s death Mrs Justice Johannah Cutts at Winchester Crown Court has ruled that Claire Colebourn must serve a minimum of 18 years for the murder of her three-year old daughter. Ms Colebourn said she murdered Bethan and then tried to kill herself because she believed her husband was having an affair. Daily Mirror, Page: 18 The Daily Telegraph, Page: 9 Daily Mail, Page: 23 Daily Express, Page: 19 The Sun, Page: 11 Woman disabled by child sues GP Kerry Shaw, a teaching assistant left disabled for life after being kicked in the back by a five-year-old pupil during class, has sued an out-of-hours GP who failed to refer her for tests. Judge Mrs Justice Yip found that out-of-hours GP Dr Andrew Stead was negligent in missing “red flag” symptoms. The Daily Telegraph, Page: 10 Daily Mail, Page: 16 Daily Star, Page: 15 Daily Mirror, Page: 24 The Sun, Page: 19 Judge questions care plan delay A judge at the Court of Protection has pressed officials at Rochdale Borough Council as to why a welfare plan has still not been set up for an “incredibly vulnerable” young woman with learning difficulties who was allowed by her carers to have sex with anonymous men. Mr Justice Hayden observed that a care plan should have been put in place by the council three months ago. The Daily Telegraph, Page: 2 The Independent Four arrested following LCF collapse The Serious Fraud Office (SFO) has opened an investigation into collapsed lender London Capital & Finance. The SFO has made four arrests following the collapse of the firm, which went bust after the Financial Conduct Authority (FCA) stopped it accepting new money in January, with the FCA referring the case to the National Economic Crime Centre. The four have been released pending further investigation. The Daily Telegraph, Business, Page: 3 The Times, Page: 35 Financial Times, Page: 13 Daily Mail, Page: 66 FIRMS Appointments Womble Bond Dickinson has hired managing associates Amir Ziton and Louisa Wojciechowska to join its Leeds-based commercial team to assist with data protection and IT-related matters. Elsewhere, Silk Family Law is expanding with the appointment of Teresa Davidson as a new partner. Separately, EIP has appointed Nora Fowler as an associate in its trademark team in London. Meanwhile, Mr John Thackray QC has been appointed a Circuit Judge deployed to the North Eastern Circuit, based at Great Grimsby Combined Court. Yorkshire Post, Page: 8 City AM, Page: 16 Firm launches HR forum Wake Smith Solicitors has launched a human resources forum programme, with free sessions on Transfer of Undertakings Protection of Employment Regulations, recruitment, mental health and absence management. Yorkshire Post, Page: 4 Firm re-elects senior partner Addleshaw Goddard ’s Charles Penney has been re-elected senior partner for a second term effective May 1, for a period of four years.
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