The ‘Laced Drink’ Defence

Claims that his drinks had been spiked following a Manchester United match were thrown out in court.

The Blackburn manager initially told the police he had not drunk any alcohol that day. After he was found to have 65 milligrams of alcohol in his breath – the legal limit being 35 – he admitted drinking over a three-hour period, having two and a half glasses of red wine with Ferguson followed by a bottle of beer with some friends.

Clearly here a Judge has made a decision on the facts of what he has heard and has chosen to believe the prosecution version.

The police officer who arrested Mr Kean would have had to make a preliminary assessment that he had been drinking before asking him to take a roadside breath test.

We don’t know from the article what the police officer said about Mr Kean’s demeanour.

Laced drinks is a very difficult defence to run as you would usually have to call in your defence evidence that although you were over the limit you would have feelings of having had alcohol and then that it would not be unreasonable in all the circumstances for a court to conclude that your drinks had been laced.

In this case mr keane was just under twice the legal limit.

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Changes To The Dangerous Dogs Act Are Long Overdue

The Blue Cross charity says the law is not working and it is time to shift the emphasis away from certain types of dog and place responsibility on owners.

The Act came into force in August 1991 after a dog attack in Bradford left a six-year-old child with serious injuries.

Personally, I think the proposed law reform is long overdue.

The Dog Control Bill passed the report stage in the House of Lords in July 2011. Under the new Bill, dog control notices will address problematic behaviour at an early stage, regardless of the breed of dog involved. Such notices will focus on responsibility of the dog owner as opposed to a particular breed. The Bill will reach the final stage in the House of Lords after the summer recess and will then move to the House of Commons for further consideration.

Any dog, as stated, can be dangerous and much depends on the way the dog has been handled and raised by it’s owner.  To single out specific breeds as being dangerous, whilst at the time may have seemed the most appropriate step, ignored the real issue and has served to create a new generation of young dog owners who see breeds such as the pit bull as a status symbol.

In any case the owner or the person in control of the dog at the time of an incident occurring should be held responsible and although owners of dogs not specified in the Dangerous Dogs Act can still be prosecuted a shift in emphasis may aid better understanding of dog behaviour and more responsible ownership.

The proposed legislation will look to monitor the behaviour of any dog from a young age if certain types of behaviour are noted.  Exactly how this will be enforced on a day to day basis remains to be seen but I hope the new bill will address some of the issues, if not all, of dog handling which will hopefully lead to a reduction in the number of dog bite incidents.

Fox Speaks After The Riots

People know right from wrong but believing the rules shouldn’t apply to them also applies irrespective of one’s so called position in society. That said how can we expect lazy, selfish, arrogant, complaining parents who have no sense of ‘the family’ and who don’t put the education of the children above their own next pint, fag or fix to do any better than they are!

This does not just apply to the financially poorer parts of our society but to all those who seem totally devoid of decency and morality they just put themselves first all the time. The world is not about you or me it is about the next person in line!

All is not lost following the recent eruption of rioting in our Cities – UPDATE

Ultimately you may succeed with the insurance claim but if you do not and have not made a claim against the Police Authority you may be in difficulties.

The lesson: Protect your position; make a claim against the Police Authority; or at least intimate a claim and seek to reach agreement with the Police Authority that the 14 day deadline is extended pending resolution of the insurance claim.

You really do not want to discover your insurers are not going to pay out after the deadline for submitting a claim to the Police Authority.

For further information or should require assistance please contact Christopher MacCafferty on 0161 615 0677 or via e-mail to christopher.maccafferty@ralli.co.uk or Michael Forrester 0161 615 0670 or via e-mail to Michael.forrester@ralli.co.uk.

Greater Manchester Police Message To Businesses

Following the disorder and criminality witnessed earlier this week more than 60 people have been dealt with by the courts in Manchester, many of them jailed. This is a fantastic result and there is more to come

We will be publicising details of the court results throughout the day via various media channels

The criminals who attempted to destroy the spirit of Greater Manchester have failed with communities from every background including the business community standing against them in solidarity. The support shown to the police has been overwhelming.

You are encouraged to continue business as usual while considering the safety of yourself and your staff

You are reminded of the following precautionary measures:

1 Where possible retail premises should be suitably staffed with security guards during opening times
2 Ensure staff report any suspicious activity to security and/or police
3 Consider regular checks of the building and surrounding area
4 Identify areas that are vulnerable to forced entry
5 Make sure all service doors are kept locked and secure when not in use
6 Ensure your CCTV system is fully operational
7 In case of an emergency ensure there is a record of the names of key holders who can be contacted
8 Consider removing high value goods from display windows overnight
9 Consider keeping as little cash as possible on the premises
10 Ensure that your premises are secure and, if fitted, your alarm systems are fully operational
11 Ensure that staff are not alone when opening and closing premises
12 Police have released images of people suspected of carrying out criminal damage and disorder in Manchester and Salford earlier this week www.flickr.com/photos/gmpwanted
13 If you have information please email fib.communityintelligenceteam@gmp.pnn.police.uk or call 0161 872 5050.
14 In an emergency, where there is threat to life or a crime in progress, call 999
15 For specific advice regarding security arrangements around your premises please contact your local authority.

We are working on a specific Crimestoppers campaign to tap into the mood of the public details of which will be released tomorrow.

All Is Not Lost – Riot Compensation

Chris MacCafferty - Business Litigation & Professional Negligence Solicitor

It is fair to say that all civilised people are appalled by the recent trouble which has erupted in our Cities.

It is further troubling to see decent hardworking citizens and business people suffering physical damage to property and financial losses particularly given these difficult economic times we find ourselves in.

I am sure there are people and businesses out there that have suffered financially from the wanton vandalism and looting who unfortunately find they have no insurance to cover their losses.

Please do not despair. All is not lost.

If you find yourself being in this unfortunate position there is a little known act of parliament called the Riot (Damages) Act 1886 which provides that the Police Authorities must pay compensation for damages arising from riots.

Whilst there are differing views as to the performance of the Police Force I must stress that this is not a claim against the Police Force or indeed is to apportion any blame but it is a claim against the Police Authority to compensate those who have suffered loss and damage as a result of the riots.

For those who would be concerned to take such action in these difficult financial times please be aware that the Police Authorities should have insurance in place to cover any such claims for compensation under the act. Effectively therefore if you are without insurance to cover your losses you can seek compensation from the Police Authorities’ insurance company.

Those contemplating a claim are urged to contact Ralli quickly. The Regulations provide such claims must be delivered 14 clear days after the day when stealing, injury or destruction took place. If unsure, it is better to notify the Police Authority of a claim at this point than risk being out of time to claim.

I suspect the Police Authorities and/or their Insurers may seek to claim the recent events do not constitute a riot. Given the numbers involved this argument is unlikely to succeed.

For further information or should require assistance please contact Christopher MacCafferty on 0161 615 0677 or via e-mail to christopher.maccafferty@ralli.co.uk or Michael Forrester 0161 615 0670 or via e-mail to Michael.forrester@ralli.co.uk.

Rio Ferdinand Could Pursue Civil Damages Following Stalker Conviction

Michael Forrester- Business Litigation Solicitor

It was reported yesterday that a stalker who repeatedly turned up at the home of the Manchester United and England footballer Rio Ferdinand has been convicted of harassment.

Susanne Ibru visited the player’s Cheshire home on three occasions, twice disturbing him and his wife at night.

The full article can be read here.

Use of harassment law in this way is not uncommon. The Protection from Harassment Act 1997 applies to both the criminal and civil courts, prohibiting a course of conduct causing an individual alarm and distress.

Now that a conviction has been achieved in the criminal court, Mr Ferdinand could also look for a remedy in a civil court. This could include damages and/or an injunction if the behaviour continues.

If you are being subjected to harassment, contact our dedicated team on harassment@ralli.co.uk or 0161 832 6131 for a free, no obligation assessment of your situation.

Proposed Drug Sentencing Guidelines Under Review

Stuart Page - Associate & Serious Crime Solicitor

In relation to the proposed sentencing guideline for drugs offences, at the moment is a consultation exercise and unfortunately it would be very difficult to put the professional consultation document which runs to some 83 pages into a few paragraphs of column inches.

The point is that there are many ways in which the arguments can be put forward unfortunately the top level of quantity of drugs has been illustrated together with the lowest sentence in the range in most of the reports.

The sentencing range suggested for simple possession of a Class A drug is between a fine and 3 years in prison, therefore if someone was at the top end of the limits of drugs in their possession then the imprisonment route would be more likely.

Next, if someone was to be “growing their own” cannabis the suggestion is between 9-15 plants then the suggestion is between low level community order and 4 years custody depending on their role in “growing their own”

It will still be for the courts to decide within these ranges where a defendant’s role fits in and then decide the appropriate sentence.

The Telegraph’s coverage can be read here.

‘Offensive’ Manchester United sticker leaves fan in hot water

Stuart Page (Associate & Serious Crime Solicitor)

It was reported by the Guardian today that a Manchester United fan was told by police she faced legal action unless she removed part of a car sticker which teased Manchester City.

A local councillor passed on to police a complaint they had received from a resident about the wording of the joke and a neighbourhood team officer was sent to the motorist’s home in Stockport.

Mrs Webb-Lee and her City-supporting husband Graham were informed that the sticker was offensive under the terms of Section 5 of the Public Order Act. They were asked to either remove it or some of the letters within the swear word, and they did the latter. The full article can be read here.

A viable prosecution for the display of the sticker could be possible as it displayed the whole of the F word, however it would really depend if it was in the public interest to pursue such an action. Read more »

Solicitor suspended after taking 19 years to settle estate

Chris MacCafferty - Professional Negligence Solicitor

The Daily Mail recently reported that a Solicitor had been suspended after “taking 19 years to settle spinster’s estate”.

Guy Choat was subsequently barred from the profession for three years for the delay in winding up the affairs of Miss Muriel McCarthy.

The full article can be read here.

This is a very unfortunate state of affairs and I would have to echo the comments of the Chairman that this sort of delay is simply unacceptable.

It would appear that Mr Choat was in breach of the profession’s code of conduct of which there were several editions during the 19 year period.

I am only glad that this sort of extreme case is rare. I suspect that the Estate and Beneficiaries have been worn down by the length of time but they should consider the possibility of bringing a claim for professional negligence arising from the delay.