Case summaries: 11 May 1998
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Your support makes all the difference.The following notes of judgments were prepared by the reporters of the All England Law Reports.
Sunday trading
Haskins Garden Centres Ltd v East Dorset District Council; QBD (Div Ct) (Schiemann LJ, Smedley J) 26 April 1998.
If premises constituted a "large shop" for the purposes of Sch 1 to the Sunday Trading Act 1994, they remained so even if there was non-use of the floor area on the date of an alleged offence of opening the shop on a Sunday for the serving of retail customers contrary to paras 2(1) and 7(1) of Sch 1.
Geoffrey Stephenson (Metcalfe Copeman and Pettefar, Wisbech) for the appellant; Martin Strutt (Solicitor, East Dorset District Council) for the respondent.
Drug trafficking
R v Tivnan; CA (Crim Div) (Rose LJ, Butterfield, Richards JJ) 27 April 1998.
In issuing a certificate of increased value of realisable property and making a variation of a confiscation order under s 16 of the Drug Trafficking Act 1994, a judge was entitled to include assets which had accrued subsequent to the making of the original confiscation order, and which could not be proved to have been acquired through criminal activity or moral turpitude.
Ivor Frank (Devonshires) for the appellant; Andrew Mitchell (Solicitor, Customs & Excise) for the Crown.
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