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Regulatory Blog

20 January 2022

Moving with the times

The regulatory year ahead will see the SRA seeking to bolster its fining powers as it turns its attention to law firm culture, NDAs and technology; as well as more traditional areas such as anti-money laundering.

Julie Norris

11 January 2022

Medicinal Cannabis – Where Are We Now?

Guest author Edward Henry QC, of Mountford Chambers, considers the ongoing issues regarding access to medicinal cannabis, specifically relating to the treatment of children, in the United Kingdom (UK).

Shannett Thompson

7 January 2022

Care Home sentencing a salutary reminder of the importance of fire safety responsibilities

On 5 January 2022, Bupa pleaded guilty at Southwark Crown Court to breaches of the Regulatory Reform (Fire Safety) Order 2005. Bupa were ordered to pay a fine of £937,500 and prosecution costs of £104,000. This is the highest ever fine imposed for fire safety breaches under the Fire Safety Order in the UK.

Hannah Eales

16 December 2021

Costs not recoverable on ‘the nod’ - A warning for private prosecutors R (on the application of T M Eye Ltd) v Southampton Crown Court [2021] EWHC 2624 (Admin)

Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.

16 December 2021

Mythbusting: Motivation in Starting a Private Prosecution

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.

Melinka Berridge

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