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.
15th Mar 2023 Read more
14th Mar 2023 Read more
