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Brett Wilson Criminal and Regulatory Law blog

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25.11.19

Deferred Prosecution Agreements: Sword of Damocles or joke shop dagger?

Deferred Prosecution Agreements (DPA) were brought into being in 2014 by the Crime and Courts Act 2013. They are supposedly a way of recognising criminal conduct in large companies where such conduct was either conducted or sanctioned by senior management. In return for a recognition that criminal conduct had taken place and a commitment to…

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24.10.19

The Times and The Daily Telegraph pay libel damages to Treasury Counsel over alleged errors in Ben Stokes prosecution

The Times and Daily Telegraph have agreed to pay libel damages and legal costs to Treasury Counsel Alison Morgan QC after suggesting that she was facing criticism for selecting the wrong charges in the 2018 prosecution of international cricketer Ben Stokes and responsible for a decision not to charge fellow England cricketer Alex Hales. The…

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Regulating social workers—England’s new regime

Local government analysis: Will the establishment of Social Work England as the new regulator of social workers in England improve public confidence in the profession? Nick Brett, partner in regulatory and disciplinary proceedings at Brett Wilson LLP, explains how the new regime will work in practice, sets out the transition arrangements that are in place,…

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Restraint Orders: when is delay reasonable?

The recent decision in R v S [2019] EWCA 1728 requires some close examination in the context of the jurisprudence surrounding Restraint Orders under Proceeds of Crime Act 2002. A Restraint Order is a creature of the Act made at the discretion of a Crown Court judge and operates to freeze assets of a suspect…

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22.10.19

Injunction granted in STI blackmail case

Often it can be difficult to predict with any certainty whether a Court will grant interim injunctive relief.  Combine, however, an extremely wealthy claimant, the subject matter of his sex life, a freely entered into confidentiality agreement, the absence of a genuine public interest, a blackmail threat and Adam Speker, the barrister who is fast-becoming…

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10.10.19

Brett Wilson LLP and its lawyers recommended in Chambers and Partners 2020 directory

Brett Wilson LLP’s Defamation/Reputation Management and Criminal Defence teams have again been recommended by the prestigious Chambers and Partners directory. Partners Iain Wilson (noted for ‘finding solutions to problems that appear impenetrable’) and Max Campbell (described as ‘well regarded in the market for his notable expertise’) have been ranked as leading lawyers in Defamation/Reputation Management. …

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Solicitors Disciplinary Tribunal to implement lower standard of proof

The Solicitors (Disciplinary Proceedings) Rules 2019 (“the New Rules”) are due to come in to force in November 2019. The Solicitors Disciplinary Tribunal (“SDT”) is an independent tribunal that adjudicates on fitness to practice proceedings brought against solicitors by the Solicitors Regulation Authority (“SRA”). The SRA is the regulatory body that regulates solicitors’ conduct. Fitness…

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9.10.19

I have been served with a Freezing Order. What do I do?

This short guide is intended to assist individuals who have been served with a freezing order (also known as a ‘Mareva injunction’ or ‘freezing injunction’).  It is not intended as a substitute for legal advice and if you have been served with a freezing order you should seek urgent legal advice without delay.   Why…

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Discontinuance: A Prosecutor’s Get Out of Jail card?

Recent experience in London has shown that Crown Prosecutors are using discontinuance as a method of obtaining more time to prepare for trial. In practical terms, there are two ways the Prosecution can drop a charge which has run into difficulty pre-trial. Offering no evidence Firstly, the Prosecution can ‘offer no evidence’ in court. This…

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27.09.19

Brett Wilson LLP’s departments and lawyers ranked as leaders in their fields in the Legal 500

Brett Wilson LLP has been ranked in three categories in the prestigious Legal 500 directory of leading law firms:- Reputation Management Professional Discipline Crime (General) In addition, media law partners Iain Wilson (described as an ‘innovator’) and Max Campbell (‘thoughtful, high-quality lawyer’) and solicitors Tom Double and Elisabeth Mason have been individually recognised by the directory….

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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