Rosalind Emsley-Smith successfully appeared on behalf of the HSE in case where the Court of Appeal confirm that oppression or misconduct must be established in order to pursue an abuse of process argument before the court.

Ms Emsley-Smith successfully appeared on behalf of the HSE in this case where the Court of Appeal confirm that oppression or misconduct must be established in order to pursue an abuse of process argument before the court. The case deals specifically with the public interest test and questions of proportionality. The court outlined factors which could not impact on the public interest test carried out by regulators while also reaffirming the principle that a prosecutor is not necessarily acting disproportionately simply because their policy or guidance provides alternatives to prosecution in the particular circumstances of a case.

Link to the judgement can be found here.