Training & Knowledge: Brian O'Neill QC

8th Sep 2021Articles

New Sentencing Guidelines for unauthorised use of a trade mark by individuals and organisations

Introduction The unauthorised use of a trade mark is an “unfamiliar offence“[1] which rarely comes before the courts. In 2019, around 370 adults and 40 organisations were sentenced. Until now, sentencers in the Magistrates’ Court had available to them a brief guideline for sentencing individuals.[2] However, there were no guidelines for sentencing organisations and none […]

20th Apr 2021Blog

SANCTIONS FOR RACIST ABUSE – Brian O’Neill QC and Paul Renteurs consider whether there is a role for the criminal law in stamping out racial abuse on the field of play.

INTRODUCTION UEFA’s decision to ban the Slavia Prague footballer Ondrej Kudela for ten matches having been found to have racially abused Rangers’ footballer Glen Kamara in the teams’ recent Europa Cup match has been widely criticised by leading figures in Scottish football and anti-racist campaigners. Two of the highest profile examples of such behaviour in […]

9th Mar 2021Blog

Costs – further implications in private prosecutions

Private Prosecutions Blog: Tuesday 9th March 2021 The Government’s response[1] to the Justice Select Committee Report on Safeguards in Public Prosecutions[2] was published last week.  The Justice Select Committee Report itself was published on 2 October 2020 and explored in depth by Gavin Irwin in a previous publication here. The Government’s headline response to the […]

15th Feb 2021Blog

Does Sport have a problem with Human Trafficking?

The news that Amad Diallo, Manchester United’s recent teenage signing from Atalanta in Serie A, has been fined £42,000 by the Italian Football Federation [FIGC] for using false immigration documents to enter Italy in 2010 shocked me on so many levels that it is difficult to know where to begin, but I’ll try. First, of […]

2nd Nov 2020Newsletters

R v Broughton Clarifying Causation in Gross Negligence Manslaughter

SUMMARY In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant. The Prosecution’s case was that having supplied the drug and remained with her, the appellant owed Louella a duty of care to secure medical assistance as her […]