Training & Knowledge: Julia Faure Walker

8th Oct 2019Newsletters

Re Somaia and the Recovery of Costs in Enforcement Proceedings in the High Court

Introduction It is clear that private prosecutors may pursue confiscation proceedings in the Crown Court: see David Whittaker QC’s article.  Furthermore, if successful, they can expect to recover from central funds costs incurred in such proceedings and in appeals against confiscation orders (although reference should be made to R (Virgin Media Ltd) v. Zinga[1]  for […]

14th Sep 2018Newsletters

Who is the Private Prosecutor?

By section 6 of the Prosecution of Offences Act 1985, Parliament reaffirmed, albeit in qualified terms, the right of “any person” to bring a prosecution. Part 7 of the Criminal Procedure Rules 2015, providing for the commencement of a prosecution, refers to “a prosecutor” laying an information. A named individual At first blush, it appears […]

7th Dec 2017Newsletters

Section 73 of SOCPA – What Happens When Terms Are Not Met?

The case Loughlin [2017] UKSC 63 was an application for judicial review of a decision not to refer discounted sentences back to the sentencing court under section 74(3) of SOCPA 2005.  The Supreme Court, reversing the Divisional Court’s decision, refused to quash the prosecutor’s decision.   Consideration of the interests of justice in this context required […]

17th May 2017Newsletters

General Optical Council v Clarke [2017] EWHC 521 (Admin): Retirement reduces risk to the public

How should an FTP Committee assess risk to the public in the case of a registrant who is contemplating retirement, or who chooses to retire during a period of suspension? This is the case to have to hand when representing professional people who have chosen, or are contemplating, retirement during disciplinary proceedings. The registrant’s retirement […]

24th Apr 2017Newsletters

The Tunisia Inquests

On 28 February 2017, HHJ Lorraine-Smith handed down judgment and conclusions in the Tunisia Inquests. Despite one or two juicy soundbites in the narrative, his conclusions on cause of death were conventional and predictable.  In summary, on 25 June 2015, each of the deceased was shot dead by a terrorist inside or within the vicinity […]