If a solicitor is dishonest they will generally be struck off, for life, even if the dishonesty has nothing to do with their legal practice (Bolton v The Law Society [1993] EWCA Civ 32). A less well known fact, and a pitfall for the unwary, is that the Solicitors Regulation Authority (SRA) Character and Suitability Test treats discrimination the same way. Avoiding discrimination is therefore a consideration that solicitor Brendan Herbert will need to have uppermost in mind as he and his fellow directors of the Real Festival Company Limited (RFCL), which runs 2000 Trees, grapple with the challenges faced by his colleague James Scarlett’s recent decision to cancel a male musician who asserts he is a victim of sex crime (which crime he has reported to police). This morning the first letter of claim arrived at the company’s registered office, including an allegation of sexual assault and harassment of which the artist was the victim. If the company fail to deal with it in an acceptable way, all avenues are likely to be pursued.
The 2000 Trees Festival has now received the first steps towards being sued, and director James Scarlett is proposed as a named a personal defendant.
This blog is not entitled, “impotent legal threats I have helped litigants to make”. It is, amongst other things, an account of a series of protracted court cases where I have helped vulnerable litigants pro-bono or represented myself – almost without exception ending ruinously for the other side. It is punctuated by links to judgements on BAILII and court orders.
Yesterday I published news of a successful application for permission for judicial review by former MP John Hemming, a litigant in person who I have assisted. Less than 1% of applications for judicial review get permission. It is only the most recent of many successes for Mr Hemming. Who can forget the humiliation of vile former Guardian, former Exaro journalist David Hencke, who consented to a lifelong restraining agreement in favour of Hemming, in the High Court? We are now in year 7 of fabulously expensive grimdark litigation, whose only winner has been Hemming.
Right now, I am assisting a young musician, a band member who asserts he was sexually assaulted by an obsessed female admirer at the 2000 Trees Festival in 2019. I feel somewhat uncomfortable about talking, at this stage, about proposed court proceedings with such candour. However, it is necessary in order to assist the musician in replying to the attacks made on him, which he legitimately fears risk inciting violence. To the extent there is a use of private information, it is in the public interest to counter material others have placed into the public domain so the public is not misled – being (at best) unproven criminal allegations against the band member. It is only fair to point out that the other side are in the same position.
Like many male victims of sexual assault, he did not at first recognise that was what happened, but has now reported the sexual assault to police. His account is that he accompanied the woman back to her tent and after an initially failed attempt at intercourse, she attempted to physically restrain him to prevent him from leaving. This appears to have a sexual purpose and therefore fall within the very wide definition at s78 Sexual Offences Act 2003. After he ghosted the woman, she made false allegations against him over a period of years and 2000 Trees failed to deal with it in an appropriate way. 2000 Trees look likely to face difficulty with the resulting claims because their published Welfare, Security and Safety Policy (archive) is a placeholder page.
