News Private Prosecution 11th Jun 2019

Martin Hicks QC and Leon Kazakos Successfully Halt Private Prosecution

A private prosecution for fraud brought by one business associate (ST) against another (PT) in order to overturn liability awarded in a civil action was successfully stopped following abuse applications and an invitation to the DPP to take over and discontinue proceedings. This has now been approved by the Administrative Court and Court of Appeal Civil Division.

In 2015 Jamtoff Trading Limited (Jamtoff), part of a Russian group of companies secured Judgment against ST and PT over a failure to pay for consignments of plastics shipped from Kalingrad to PTs company.

ST commenced a private prosecution at Harrow Crown Court against PT and later others connected to PT’s company. ST claimed that PT had sold the goods without paying for them. PT sought to stay the proceedings as an abuse and invited the DPP to take over and discontinue proceedings which they eventually did on the eve of trial.

That decision was unsuccessfully challenged by ST both on application to the Administrative Court and on further application to the Court of Appeal Civil Division. Martin Hicks QC and Leon Kazakos were instructed by Namita Pawa of Hallinans Solicitors.

Tyrone Belger, Chris Foulkes and Gavin Irwin were instructed by Hughmans Solicitors for co-defendants connected to PT’s company. Orlando Pownall QC was instructed by Cubism Law for ST.

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