Know your memes – Waya and the Supreme Court (Part One)

On 14th November 2012 the Supreme Court gave judgment in the case of R. v. Waya [2012] UKSC 51.  A nine-Justice court delivered a majority decision, split 7-2.  We’ll go through both the majority and dissenting minority decisions, but what the dissenting minority (Lord Phillips and Lord Reed) seem to think of the majority decision can be neatly summarised thus:

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Why Plato Is Wrong

Honesty is for the most part less profitable than dishonesty.” – Plato

We all wait with bated breath for the judgment of the Supreme Court on Read more of this post

Developers and Drug Dealers – Part 4: Leave The Kitchen Sink

So far we’ve seen how people who breach planning controls and make financial gains from those breaches can end up facing a significantly larger bill than they ever might have dreamed of (or have been advised about…).

But the client’s question “How much will this cost me?” doesn’t end with the assessment of Read more of this post

Developers and Drug Dealers – Part 3: A Life of Crime

In this post we’ll look at answering the client’s (or defendant’s) favourite question: “how much will this actually cost me?” or, in the language of confiscation, calculating the recoverable amount.  Our starting point is calculating what the defendant’s benefit has been Read more of this post

Developers and Drug Dealers – Part 2

Confiscation kicks in following a criminal conviction – in planning enforcement this will most often be, although it is not limited to, breach of an enforcement notice.  To understand how the Proceeds of Crime Act applies to breaches of planning control, we need first Read more of this post

Developers and Drug Dealers – Part 1

Those who choose to run operations in disregard of planning enforcement requirements are at risk of having the gross receipts of their illegal businesses confiscated.  This may greatly exceed their personal profits.  In this respect they are in the same position as thieves, fraudsters and drug dealers.” Read more of this post

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