Victor Smith

Author of Consumer Crime Cases a database of several hundred digests of appeal cases relating to Trading Standards prosecutions.

ARTICLES BY THIS AUTHOR

Victor Smith charts the fall of the decision in Woolworths… and its unexpected rise again in a recent case

Victor Smith ponders a recent case suggesting that the troublesome 2002 decision in Woolworths may still be unduly influential, despite the Court of Appeal having declared it wrongly decided

Victor Smith considers abuse of process & breaching an assurance of no prosecution

Victor Smith examines the circumstances in which a prosecution does not proceed when the accused has faced that same or similar peril before

Victor Smith considers when inference, from inferred knowledge to intent, can result in conviction

Victor Smith looks at when inference can result in conviction

In his second article on the challenges of amending a defendant’s name, Victor Smith considers the distinction between entities that are truly different & the same defendant merely misnamed

In the first of a two-part series, Victor Smith traces the origins of the principle that a charge cannot be amended by substituting one defendant for another

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MOVERS & SHAKERS

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London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS

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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

Your magistrates’ court needs you!

Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

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Victor Smith

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

Kingsley Napley—Kirsty Churm & Olivia Stiles

Foot Anstey—five promotions