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Sentence – Confiscation order. The appellant sold vehicles as a private seller when they actually formed part of his business activity in order to avoid providing a warranty. He pleaded guilty to falsely claiming or creating the impression that he was not acting for purposes relating to his trade and was ordered to pay a confiscation order which represented the turnover of the sales of the vehicles. He appealed against that order. Dismissing his appeal, the Court of Appeal, Criminal Division held that if a transaction was inherently unlawful because of the manner in which it was conducted, that finding would militate in favour of making an order that was directed at the gross takings of the business. In the instant case, the entire undertaking had been unlawful and making an order that had been directed at the gross takings of the business had not been a disproportionate result within the meaning of art 1 of protocol 1 to the European Convention on Human Rights.
Sentence – Confiscation order. The appellant sold vehicles as a private seller when they actually formed part of his business activity in order to avoid providing a warranty. He pleaded guilty to falsely claiming or creating the impression that he was not acting for purposes relating to his trade and was ordered to pay a confiscation order which represented the turnover of the sales of the vehicles. He appealed against that order. Dismissing his appeal, the Court of Appeal, Criminal Division held that if a transaction was inherently unlawful because of the manner in which it was conducted, that finding would militate in favour of making an order that was directed at the gross takings of the business. In the instant case, the entire undertaking had been unlawful and making an order that had been directed at the gross takings of the business had not been a disproportionate result within the meaning of art 1 of protocol 1 to the European Convention on Human Rights.
Update from the Chair of the Bar
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Save the Children UK is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Grok around and find out – or not? Mariya Peykova investigates the nudification scandal, what the law has to say about sexually explicit deepfakes, and whether stronger regulation is needed
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
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