Gavin Irwin

Private Prosecution

Gavin regularly advises and represents individuals and entities in private prosecutions – prosecuting and defending – arising from commercial disputes with parallel civil and/or regulatory proceedings:

Gavin contributed to chambers’ Private Prosecutions Group submission to the Justice Select Committee inquiry into safeguards in private prosecutions and current instructions include:

• representing a firm of accountants alleged to have failed to comply with the notice and information provisions in sections 1202 and 1205 of the Companies Act 2006; and,
• advising a company involved in property development on breaches of director’s fiduciary duties and possible offences under the Fraud Act 2006.

In 2017, Gavin acted for the finance director of a company accused of the theft of consignments of plastics.  The Director of Public Prosecutions took over and discontinued the proceedings, giving rise to an application for Judicial Review and an important judgment on the Court of Appeal (Civil Division)’s jurisdiction in private prosecutions, please see here.

Gavin has considerable experience in prosecuting and defending serious fraud and money laundering and regularly advises individuals and entities on matters concerning bribery, corruption and the breach of financial and trade sanctions.

He is a member of the Private Prosecutors’ Association and adheres to its Code.