Training & Knowledge: Fiona Robertson

26th Feb 2019Newsletters

The Impact of Tactical Decisions on Parallel Proceedings

The parallel use of civil actions and private prosecutions is increasingly common, particularly in cases relating to alleged fraud.  Practitioners must, however, be alive to the risk that tactical decisions in one action may have a knock on effect in the parallel action. Such risks were brought to the fore recently in Gilani v Saddiq […]

17th Sep 2018Newsletters

Mixed & Ulterior Motives

The statutory right to bring a private prosecution, under s.6(1) of the Prosecution of Offences Act, is a rapidly expanding area of criminal law, particularly in matters involving economic crime where white collar private prosecutions allow aggrieved parties to seek redress in the criminal courts, often in tandem with civil proceedings. Prospective defendants are, however, […]

13th Apr 2018Newsletters

Consent and Society’s Evolving Values Cannot Outweigh Public Protection

Fifteen years on from R v Brown [1993] UKHL 19 the Court of Appeal again had to grapple with society’s modern values in the context of consent as a defence to assault in R v BM [2018] EWCA Crim 560. The appellant was a tattooist and body piercer who also practised ‘body modification’. The appeal […]

18th Oct 2017Newsletters

The SFO Survives the Latest Political Reshuffle

The Government is beginning the search for a new director of the Serious Fraud Office (SFO) thereby confirming Theresa May’s plan to scrap the white-collar crime authority has been abandoned. Theresa May had vowed to scrap the SFO as part of plans to improve the UK’s handling of white collar crime if the Conservatives won the […]

26th Jul 2017Articles

Doli Incapax and Historic Sexual Offending

The number of cases in which doli incapax rears its head has been on the wane over recent years following its abolition by section 34 Crime and Disorder Act 1998. Section 34 does not, however, have retrospective effect and the judgment in the case of PF [2017] EWCA Crim 983 handed down by the Court […]