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23 September 2016 / John Cooper KC
Issue: 7715 / Categories: Features , Charities
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Animal tragic

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John Cooper QC discusses the growing number of criminal cases concerning animal welfare

  • The prevalence of animal welfare cases.
  • The conduct of charities taking private prosecutions.
  • The RSPCA, dog fighting and controversy.

Cases involving animal welfare are becoming more and more prevalent, year by year.

There has been a considerable amount of controversy, in relation to the conduct of some charities concerning decisions they made about private prosecutions, in the criminal courts.

For any charity to engage with the law and particularly with the criminal court, there is a high degree of responsibility placed upon that charity to act with maturity and integrity, lest the whole ethos of charitable legal actions be brought into disrepute.

Misconceived

There are those who recently argue as a result of some controversial decisions by charities who have privately prosecuted, that there should be a complete cessation of prosecution activity. This is a misconceived approach and it would be very undesirable if the importance of charities or other campaigning organisations in taking legal actions is undermined.

Most importantly,

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NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
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