• CRIMINAL

US Supreme Court

Florida v. Powell

Criminal - Possession of weapon during police search - Arrest of Respondent-accused by Police - Statutory warning as to right of lawyer given before interrogation - Alleged statutory warning not clear and did not convey entitlement to counsel's presence throughout interrogation - Lower Courts held statutory warning misleading and did not convey correct message - Hence, present appeal - Whether statutory police warnings satisfactory?

Held, in determining whether police warnings were satisfactory, reviewing courts are not required to examine them as if construing a will or defining the terms of an easement. The inquiry is simply whether the warnings reasonably 'convey to a suspect his rights (Ratio in Duckworth v. Eagan applied). The warnings Powell received satisfy this standard. By informing Powell that he had "the right to talk to a lawyer before answering any of their questions," the Tampa officers communicated that he could consult with a lawyer before answering any particular question. And the statement that Powell had "the right to use any of his rights at any time he wanted during the interview" confirmed that he could exercise his right to an attorney while the interrogation was underway. Judgement of Appellate Court reversed and remanded.

• TENANCY

England and Wales High Court (Chancery Division)

Good Harvest Partnership LLP v Centaur Services Ltd

Tenancy - Lease Agreement between landlord and tenant - Assignment of lease - Guarantee agreement -Liability of tenant's guarantor - Whether a tenant's guarantor could be required to give guarantee for assignee of tenant - Landlord and Tenant (Covenants) Act 1995, s 25

Held, the Landlord and Tenant (Covenants) Act 1995 precludes a person who had guaranteed a tenant's obligations under a lease from being required to give a further guarantee in respect of an assignee of the lease. Section 24 of the Act was meant to ensure that any obligations undertaken by a person as guarantor of a tenant would come to an end on the assignment of the lease.