Jonathan Fisher QC, Anita Clifford and Olivia English have been published in the New Law Journal with their article ‘Related acquittals and fair trial rights’.
The article analyses the tensions between criminal acquittals and subsequent civil proceedings in the European Court of Human Rights and domestic jurisprudence, with consideration of the application of fair trial principles. Though the UK has so far been dismissive of challenges to the use of civil recovery in the context of a prior acquittal, the European Court appears to have left the door open to such cases.
Jonathan and Anita have experience of civil recovery cases in practice, acting among other things on a cash forfeiture appeal in the Crown Court.
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