Risk of Unfairness in Historical Prosecutions
Following the issuance of the November 2022 SRA warning notice on strategic lawsuits against public participation (SLAPPs), concerns have been raised about wealthy individuals using legal threats to silence critics.
The notice aimed to address these concerns, but issues arise when prosecutions are brought for historical allegations under a previous regulatory regime.
This is a challenging area where
free speech advocates clash with legal professionalstasked with preserving clients' reputation and/or privacy from unscrupulous attention.
Autor's summary: Unfairness risk in historical prosecutions rises.