Blog
From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
2 February 2018
The good, the bad and mixed motives: when will the private prosecutor’s motives justify stopping the prosecution?
Private prosecutions are a useful remedy for victims of crime and the only criminal remedy in circumstances where the state enforcement agencies fail to act. In cases of economic crime there will sometimes be merit in running concurrent civil and criminal proceedings. However, in such cases the motive for commencing criminal proceedings will inevitably be considered. It is established that a private prosecution motivated purely by spite or some other ‘oblique motive’ can lead the court to stay the proceedings as an abuse of process (R (Dacre) v City of Westminster Magistrates’ Court [2009] 1 Cr App Rep). However, the Court of Appeal has recently sought to distinguish between mixed motives and ‘oblique’ motives and has provided useful insight into what factors may legitimately be considered in determining whether a private prosecution, alongside civil proceedings, may be upheld.
29 January 2018
The difficulty with an expression of remorse when coupled with a denial of misconduct
Yusuff v General Medical Council [2018] EWHC 13 (Admin)
29 January 2018
The price to pay for consequences of conduct outside of legal practice
At the end of last year, Luftar Rahman, former mayor of London’s Tower Hamlets borough, was struck off the roll by the Solicitors Disciplinary Tribunal (SDT).
In 2015 Rahman was found guilty of illegal and corrupt practices by an election court, which included making false statements, bribery and undue influence. The election court ruling meant that the Tower Hamlets 2014 mayoral election had had to be re-run and Rahman was disqualified from standing as a candidate until 2020.
26 January 2018
Health and Safety: Prosecutions of directors on the rise.
Many professionals harbour a dream of one day being promoted to director level within their organisation, but not all of them appreciate what responsibilities they are taking on when stepping into that role. Whilst every business is different, they all face similar litigation and regulatory challenges. Challenges that we predict are likely to become more rather than less onerous in the years to come.
26 January 2018
Discretion and everyday case management: a revision guide from the Court of Appeal
Hussain v General Pharmaceutical Council [2018] EWCA Civ 22
