Articles


24th Feb 2023Articles

Offences under the Companies Act 2006: reversing the burden of proof

The Companies Act 2006 creates a number of criminal offences.  Some of these are subject to so-called ‘reverse burden’ provisions, whereby the defendant (usually a company director) is guilty unless he or she can prove a specific fact in their defence (eg. that they took all reasonable steps to avoid committing the offence).  The lawfulness […]

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 […]