Articles

Are the sands of trust law shifting?

Kate McMahon and Nikos Keim recently contributed a special report to Financier Worldwide magazine, which looks at a recent decision concerning trust instruments that may signify a change in the scope of protection such instruments will provide in the context … Continue reading

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Private Prosecution of International Criminal Offences

By Marie-Claire Amuah This article briefly considers how private prosecutions might be used to prosecute international criminal offences, an issue highlighted by relatively recent cases including R (on the application of General Abdulwaheed Shannan Al Rabbat) v. Westminster Magistrates’ Court. … Continue reading

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Is a Norwich Pharmacal Order a mechanism to obtain evidence to support a private prosecution? FCFM v Hargreaves & others [2018] EWHC 3075 (QB)

Ashley Fairbrother, solicitor at Edmonds Marshall McMahon, examines the High Court’s answer in FCFM v Hargreaves & others [2018] EWHC 3075 (QB) and says the decision shows that Norwich Pharmacal Orders (“NPO’s”) are available to secure evidence to support private prosecutions … Continue reading

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EMM secure the conviction of Financial Controller Gerard Lawless for £1.5 million Theft

R (Hunter Premium Worldwide Sourcing Limited) v Gerard Lawless and Angela Forde-Lawless: On Friday 12th October 2018, following a 5 week trial at St Albans Crown Court, Gerard Lawless the former Financial Controller of Hunter Premium Worldwide Sourcing Limited “Hunter”, … Continue reading

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EMM successfully secure convictions in the largest corporate private prosecution

R (DAS UK Holdings) v Paul Asplin & Others: On 8 July 2018, following a three-month private prosecution at Southwark Crown Court, Paul Asplin (formerly DAS UK Chief Executive Officer), David Kearns (formerly DAS UK Assistant General Manger) and Sally … Continue reading

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Private Prosecution: the Duty of Candour when Applying for a Summons

What information does a private prosecutor have to put forward to get a proper summons issued? Typically in a private prosecution the defendant will not be put on notice that the prosecutor seeks to apply for a summons. To protect … Continue reading

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Private prosecutions: The investigator’s view

To succeed in a private prosecution you need a high standard of evidence.  Just like a Police/CPS prosecution, the jury must be convinced beyond reasonable doubt that an individual is culpable for the offence to find that person guilty. The … Continue reading

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How to Protect my Registered Design Rights from Infringement?

Whether you are a budding young designer just about to leave University or internationally recognised, you may well have considered that your creativity was now being recognised and your rights strengthened with the passing of the Intellectual Property Act 2014.[1] … Continue reading

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R v Andrew John Camilleri (2018) – An IVA Proposal and War of Attrition

On Monday 29th January 2018, following a private prosecution, Andrew John Camilleri was unanimously convicted by a jury at Manchester Crown Court of making false representations in an Individual Voluntary Arrangement (“IVA”)[1] proposal contrary to section 262A of the Insolvency Act … Continue reading

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Review of multiple causes of action (Holyoake and another v Candy and others)

This article was first published on Lexis®PSL Dispute Resolution on 22 January 2018. Click for a free trial of Lexis®PSL. Dispute Resolution analysis: What is the court’s role in dealing with a commercial deal gone sour? Kate McMahon and Sofie Hoffman, partners at Edmonds Marshall McMahon, explain the judgment in … Continue reading

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