2020 was a year book ended by key judgments on costs in private prosecutions in which the courts were keen to emphasise the public interest in individuals and companies being able to pursue private prosecutions. At the start of the year, in Fuseon Limited v Senior Courts Costs Office [2019] EWHC 126[1] (Admin), Lane J […]
R v Bajaj [2020] EWCA Crim 1111 – Assessment of Benefit In Bajaj the Court of Appeal considered the assessment of benefit where criminal proceeds came from an illegally rented property, and offered a stark warning about the need to consider confiscation proceedings at the point of charge. Crown Court confiscation proceedings Mr Bajaj was […]
In Civil Aviation Authority v R (on the application of Jet2.com Ltd) [2020] EWCA Civ 35, the Court of Appeal examined the scope of legal advice privilege “LAP”. The judgment, published on 28 January 2020, provides important clarification on the application of LAP and is essential reading for companies relying on the advice of in-house […]
Faltec is a car part manufacturer, employing around 550 people, and located in a well-populated urban area. On 3 April 2017 Faltec was sentenced in respect of three offences under ss.2, ss.3 and 33(1)(a) of the Health and Safety at Work Act 1974 to a total fine of £1.6 million. A Legionnaires’ disease outbreak gave […]
The Court of Appeal recently considered the importance of decisions underlying a penalty issued to a taxpayer by the Revenue in R (oao PML Accounting Limited) -v- The Commissioners for HM Revenue and Customs [2018] EWCA Civ 2231. PML Accounting Ltd (“PML”), is a managed service company provider offering financial services to small companies, including […]
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