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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
printer mail-details

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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