As the Economic Crime and Corporate Transparency Bill moves through Parliament, Christopher Coltart KC and Seladore Legal’s Dan Hudson have together analysed its implications for victims of economic crime. As the Economic Crime and Corporate Transparency Bill awaits final amendments prior to Royal Assent after the summer recess, thoughts now turn to the practical impact that the […]
Before applying for a summons, every private prosecutor needs a checklist to ensure compliance with the required formalities. Chief amongst these considerations will be the securing of any necessary consent to the prosecution, for example from the Attorney General or the Director of Public Prosecutions. It might be thought that this was an unmissable step […]
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 […]
3rd Aug 2023 Read more
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