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 this issue, but problems arise when prosecutions are brought for historical allegations under a previous regulatory regime.
This is a challenging area where free speech advocates and legal professionals, tasked with protecting clients' reputation and privacy, often have conflicting views.
The intent was laudable and its message has no doubt hit home.
Author's summary: Historical prosecutions raise fairness concerns.
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