Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
29 August 2018
Transphobic comments give rise to private prosecution
Guiliana Kendal, transgender campaigner has commenced a private prosecution[1] against Linda Bellos, a lesbian feminist and longtime UK Labour Party member. Miss Bellos was reported to police over comments that she had made about her willingness to “thump” pro-transgender activists. When the police decided not to charge Miss Bellos, Miss Kendal took matters into her own hands and commenced a private prosecution.
24 August 2018
The rise of private prosecutions for insurers
Massive cuts to police and Crown Prosecution Service (CPS) funding means that the traditional enforcement agencies have increasingly less resources to commit to the investigation and prosecution of insurance fraud. Against that backdrop the use of private prosecutions by insurers is on the rise. In this article Melinka Berridge explains what a private prosecution involves, how to mitigate the risks associated with them and consider why insurers should use private prosecutions as a weapon to tackle fraud.
24 August 2018
Jeremy Hunt strips the GMC of their right to appeal MPT’s decisions
The GMC will be stripped of its power to appeal against decisions made by the MPTS following recommendations from a government review commissioned following the proceedings of Dr Bawa-Garba.
23 August 2018
Solicitor suspended for offensive tweets
The ability for lawyers to express themselves on social media carries with it many benefits: it is helpful for networking, profile raising and participating in public debates and discussions on topical issues. Lawyers are able to reach more people by sitting at their computer in a few minutes than they could hope to do in person in a few weeks. Lucy Williams outlines the risks associated in making comments on such a public and permanent platform.
23 August 2018
Private prosecutions – Lawyers must explain the risks as well as the rewards to their clients
Last month, Barrister Mark Smith was found guilty of professional misconduct and suspended from practice for one month for failing to advise his client about the risks of bringing a private prosecution The finding by the Bar Disciplinary Tribunal serves as a stark reminder of the importance of the prosecuting lawyer having a full and frank discussion with their client about the prospects of success before commencing a private prosecution. As explained in our previous blog, whilst private prosecutions offer an excellent legal remedy, they are typically subject to greater scrutiny than public prosecutions and lawyers who run these cases must take care to ensure they explain the risks, as well as the rewards, to their clients.