Articles


15th Dec 2021Articles

“He’s checking his list; he’s checking it twice.…”

A festive reminder to dot your i’s and cross your t’s when starting a private prosecution. Just in time for Christmas, and so you can prosecute Santa/Jeff Bezos for a disappointing haul, the Justices’ Clerks’ Society (JCS) has issued new guidance on the perils and pitfalls of starting a private prosecution.  For many, this will […]

1st Oct 2021Articles

Private Prosecutions and the Need for Compelling Reasons Not to Issue a Summons

The Queen on the application of Smith-Allison v Westminster Magistrates’ Court (Defendant) and Mark Burn, Max Bull (Interested Parties) [2021] EWHC 2361 (Admin)   In a recent decision, the High Court upheld a claim for judicial review of a legal adviser’s decision to refuse to issue a summons in a private prosecution.  The judgment emphasised […]

20th Sep 2021Articles

Summonses & Settlements: A Road Map Through the Thicket

Guidance from the High Court on the duty of candour in applying for a criminal summons; abuse of process, and whether a party can contract out of its right to bring a private prosecution In June of this year, the High Court (Mr Justice Garnham, with whom Lord Justice Popplewell agreed) handed down its judgment […]

13th Sep 2021Articles

[Dr] No risk of dissipation – Les Ambassadeurs Club Ltd v Yu

The test for “a real risk of dissipation” has been clarified by the Court of Appeal in an important and high-profile judgment Les Ambassadeurs Club Ltd v Songbo Yu [2021] EWCA Civ 1310. Between 27 April and 1 May 2018 Mr Yu, a Chinese high-net-worth businessman, used cheques to purchase £19 million worth of chips […]

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 […]