Liverpool Law Mar 2017

Local News
News from the Sub-Committees
Criminal Practice Committee
The general feeling was that a half day conference was preferable
providing we could get recognised speakers. Jo will make enquiries
and this can be considered further at the next meeting.
Criminal Practice Committee Meeting 26th January, 2017
This was a well-attended meeting. Various topics were discussed and
there was additional an additional presentation by Leanne Galbraith
confirming the up to date position with regard to the Common
Professional Platform. She has since forwarded the slides from the
presentation which have been circulated. Leanne discussed the
successful on line forum set up in the Liverpool Civil Courts and
was looking for any feedback with regard to setting up the same for
the Criminal Courts. Leanne also brought us up to date with where
the present platform position is and it’s clear that shortly it will go
live as between the cps and the police on Robberies and S18 matters.
We will be kept informed and invited in to the blogs and material as
it is issued. Any feedback on the potential for a Criminal Law
Practitioners forum can be forwarded to me.
Keith Townend attended with Nicola Johnson from the Court to
confirm that a review is to take place with regard to the listing of
cases in the Magistrates Court. The purpose of their attendance was
stated to allow engagement with defence practitioners so that views
and representations could be made. I emphasised the importance to
the committee of engagement in this process as decisions could be
made which will impact on all of us. I have invited representations
to be made to me so that I can put forward views, concerns and
suggestions made by the practitioners in this process. I would
welcome any feedback via e mail or by phone. My email address is
john.weate@rmnj.co.uk and my mobile is 07767413894.
We were asked by Jo Downey about having a training conference.
Commercial
Leases Update
with
Richard Snap
pe
on Tuesday
4th April, 9:30am
12:45
pm
C ommercial lease
e s continue to be much litigated
an nd several
regulatory
chang
nges have
occurred withinin the
last year.
The course
aims
to look at
these change
s.
Topics covered include:
Recent case
law on break clauses
Deeds of
Variation and Guarantors
Landlord
and Tenant Act 1954 update
Dilapidat
ions
SDLT and
rent changes
Legionella
Reports
Changes to
CPSE Enquiries
The Energy
Act 2011 and the Green Deal in relation to
commercial leases
Rating empt
y properties case law
To see more
Venue:
Sponsored by:
Liverpool Law
Society,
Second Floor, Helix,
Edmund Street, Liverpool, L3 9NY
informa
ation or
to
book, visit: www.liverpoollaw
wsociety.
y.org.uk
I advised the meeting of the intended extension of the S.28
procedures and the on-going consideration at Government level on
this issue. It is likely that this procedure will be extended to
witnesses under 18 and possibly extended to adult witnesses in
various types of cases such as sexual allegations and domestic
violence. This is likely to create all sorts of problems for
practitioners particularly advocates who presently conduct s.28 cross
examination prior to the normal court business. Should it be
extended it may well create listing problems as the restrictions on
questions will not apply in many of the proposed extended cases as
they apply now. I will be attending a further meeting later this
month and will report back to the committee.
The committee were made aware of matters from the last Court
users meeting on the 12th January, 2017. Practitioners are asked to
follow the protocol for requesting pre-sentence reports in advance of
ptph hearings where the Magistrates have not ordered one.
Practitioners must e mail case progression indicating guilty pleas
and asking for judicial consideration of a psr and the reasons for it.
This will then go to a judge who will make a direction. The
practitioners on such a direction should ensure that arrangements
are then made with CC probation for the preparation of the report
and advise the client to get there for the time ordered. Probation
have asked that where stand down reports are ordered we do not
hassle them asking when will it be done. They will upload onto the
DCS when completed and would appreciate no distractions from
practitioners chasing them up!!!
The committee were made aware of complaints from Court Staff
with regard to the state of the robing room. I advised the user group
that solicitors do clean up after themselves and do not tend to leave
lots of case papers hanging about. It is politely requested that we
continue like this so that we don’t get the blame for the mess often
seen in the robing room.
The next meeting of the court
users group is the 13th April,
2017 and if there are any matters
any practitioner would like me to
address at that meeting could they
please e mail me.
John Weate
Chair
With over 60 members Atlantic Chambers is able to offer a wide
range of expertise within our specialist practice groups.
Civil Litigation including Clinical Negligence,
Family, Chancery & Commercial, Crime,
Employment, Proceeds of Crime & Public Law
4-6 Cook Street, Liverpool L2 9QU
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