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 regarding 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 creates a challenging area where free speech advocates and legal professionals, tasked with preserving clients' reputation and privacy, often clash.
The intent was laudable and its message has no doubt hit home.
Author's summary: Historical prosecutions pose fairness risks.
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