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20 October 2023 / William Gibson
Issue: 8045 / Categories: Features , Profession
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A lady not for burning

143245
William Gibson on how an unsuccessful, widely-reported prosecution proved to be an unbeatable marketing tool

Any books which fell foul of the Obscene Publications Act 1857 could be shipped to a bonfire. When that Act was superseded in 1959 publishers knew that the new provisions and definitions would have to be tested in court before they could embark on a major print run.

Penguin Books decided in 1960 to publish a collection of works by D H Lawrence to mark the 30th anniversary of his death. One of the books was Lady Chatterley’s Lover (LCL). Written in 1928 it had been widely banned world wide because of the high sexual content and prolific use of four-letter words. They decided to invite prosecution to test the strength of the new Act so they delivered 12 copies to a police inspector. This constituted ‘limited distribution’ so proceedings were begun.

The book

The story is basically of a love affair between the sexually-deprived aristocratic Lady Constance Chatterley (whose husband was disabled in the First

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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