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Law digests: 9 August 2024

09 August 2024
Issue: 8083 / Categories: Case law , In Court , Law digest
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Criminal law

Cobban and another v Director of Public Prosecutions [2024] EWHC 1908 (Admin), [2024] All ER (D) 131 (Jul)

The Administrative Court dismissed the appellants’ appeal by way of case stated against their convictions of improperly using a public electronic communications network contrary to s 127(1) of the Communications Act 2003 while engaged in private consensual messaging on a WhatsApp group and refused their judicial review applications in relation to their sentence of 12 weeks’ immediate custody for each offence. The appellants had sent messages between serving officers of the Metropolitan Police Service which were held by the district judge at the Magistrates’ Court to be of a ‘grossly offensive’ nature. The court, deciding that Director of Public Prosecutions v Collins [2006] 4 All 2006] 4 All ER 602 had binding authority, held that s 127(1) of the Act may criminalise the consensual exchange of indecent material using a public electronic communications network. On the facts of the present case, no assistance could be gained in determining whether the messages were ‘grossly

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
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