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 […]
High Court contempt proceedings have always held a unique and somewhat uncomfortable position in the judicial system. Whilst civil in nature and governed by Part 81 of the Civil Procedure Rules, they are nonetheless quasi-criminal in substance. This is illustrated by the availability of custodial sentences if the contempt is found proved and by other […]
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 […]
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 […]
In this short webinar, Christopher Coltart QC considers the legal rulings made in the course of The FA v Daniel Sturridge (in which he appeared for The FA) and the effect of these rulings on The FA’s ‘inside information’ rules.