Training & Knowledge: Brian O'Neill QC

7th Dec 2017Newsletters

Self-defence and the Householder – Disproportionate Force May be Unreasonable Even in Defence of the Home

It is now eighteen years since Tony Martin disturbed two burglars in his remote Norfolk farmhouse.  He fired at them three times with a shotgun, killing sixteen-year-old Brendan Fearon and seriously injuring the other intruder.  His conviction for murder, later reduced to manslaughter by reason of diminished responsibility, set off a public and political debate […]

20th Apr 2017Articles

When Politicians Meddle…

It is just more than one year since the decision of the Court of Appeal in R v Evans [2016] EWCA Crim 452.  Following the acquittal of Ched Evans at his retrial, the question has been raised afresh as to the circumstances in which a defendant should be allowed to adduce evidence about a complainant’s […]

28th Mar 2017Newsletters

Costs in Private Prosecutions

We have written previously about the growth area that is private prosecutions. Costs in such cases are a key issue.  The successful party will inevitably seek to recover costs from central funds under ss.16 or 17 of the Prosecution of Offences Act 1985, or against the unsuccessful defendant under s.18, or under s.19 on the […]

5th Jan 2017Newsletters

Defending Private Prosecutions

Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting.  Whilst much has been written of late about how to bring a […]

30th Nov 2016Articles

Private Prosecutions

Private prosecutions of crimes such as fraud and trademark infringement have become an increasingly important tool of litigation in the UK in recent years.  In Hong Kong, however, this appears to remain an underused resource.  In this article we consider the key legal principles governing the bringing and defending of private prosecutions in Hong Kong, […]