Module name: Legal skills

The method of reasoning used by Judges
The analogy method was used for the current case. The analogy method is one the most popular legal reasoning among UK law and has a significant impact on UK law. By using analogy method, cases which were reasoned before needed to be compared or contrasted with present case to analyze the legal issue, similarities and contrasts.
In this case the main issue is whether can court make an order to confiscate the respondent if the mooting process was not held on account of procedural problems. R v Paivarinta-Taylor [2010] EWCA Crim 28; [2010] 2 Cr App R (S) 64, para 42²⁷ and R v Soneji [2006] AC 340²⁸, para 3 cases and Criminal Justice Act 1988²⁹ were applied in this legal process. According to section 14 of POCA³⁰ forfeiture proceedings can be postponed up to two years after the judgment (Major Premise). Even the Crown did not extend the period of initial postponement, the original postponement was valid owing to alternative analysis which was offered by Mr Hall QC (Minor Premise). Therefore, it was concluded that there is no requirement for invalidating the confiscation order because of technical issues.