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12 July 2007
Issue: 7281 / Categories: Case law , Law digest
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Criminal litigation

Ewing v Davis [unreported 2 July 2007]

Historically there has never been a requirement that a private prosecutor has to show a public interest where the prosecution is brought under a public general act. Section 6(1) of the Prosecution of Offences Act 1985 neither qualifies nor extends existing rights.

Public interest in a private prosecution is established by the nature of the offence as defined in statute, not by the circumstances leading up to it. R (Gladstone Plc) v Manchester City Magistrates’ Court [2004] EWHC 2806 (Admin), [2005] 2 All ER 56 should not be taken as an invitation to magistrates to examine the circumstances of alleged offences and their relation to the private prosecutor.
 

Issue: 7281 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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