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 prosecuting historical allegations made under a previous regulatory regime.
This creates a challenging situation where free speech advocates conflict with legal professionals trying to protect their clients' reputation and privacy from unfair attention.
The intent was laudable and its message has no doubt hit home.
Author's summary: Historical prosecutions raise fairness concerns.
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