Training & Knowledge: Julia Faure Walker

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 […]

29th Mar 2017Newsletters

FCA v. Macris: Who is identified in FCA investigation notices?

On 22 March 2017, the Supreme Court handed down judgment in FCA v. Macris. The case turned on the meaning of the word “identifies” in section 393 of the FSMA.   The Court favoured a restrictive definition. The effect is that notices will not need to be served on, and representations invited from, as many individuals […]

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