Private Prosecution

Private prosecution is a growth area and presents particular challenges both for the prosecution and the defence. Corporations and individuals may wish to bring prosecutions independently but may also find themselves the target of ill-founded or malicious private prosecutions. The 2 Hare Court private prosecution team have considerable experience of advising and representing clients on both sides of private prosecutions.

Amongst our number are numerous senior former and current prosecutors, including those who have acted as First Senior, Senior and Junior Treasury Counsel (barristers appointed by the Attorney General to prosecute the most serious and complex criminal cases to come before the courts).

It is no coincidence that such advice is being sought in a period of economic downturn when the Police, Crown Prosecution Service, Serious Fraud Office and other prosecuting authorities are suffering budgetary restraints. Private prosecutions can offer clients closer involvement and control over decision making, a thorough degree of preparation and a more senior and experienced level of legal representation than may otherwise be provided by the public prosecution authorities.

Members of chambers can offer advice in relation to the particular issues that arise in private prosecutions:

  • prospects of success,
  • applying for and resisting the issue of a summons,
  • applications to the Director of Public Prosecutions to take over and stop a prosecution,
  • presenting and resisting abuse of process arguments
  • recovery of costs.

Members of chambers are currently appearing on both sides of a €100m fraud on a Swiss oil and gas company following related civil litigation. Other recent instructions include:

  • Advising claimants in Commercial Court proceedings on bringing private prosecutions;
  • Advising an ultra high net worth individual from the former Soviet Union on commencing a private prosecution for computer hacking;
  • Advising an international art dealer on commencing a private prosecution for dealing in forgeries;
  • Advising complainants on the merits of private prosecution in respect of sexual allegations where the Crown Prosecution had declined to prosecute;
  • Advising a major financial institution on dealing with a malicious private prosecution;
  • Defending senior professionals accused of fraud in the context of business dealings;
  • Advising the Crown Prosecution Service on taking over private prosecutions, including those involving major fraud;
  • Prosecuting cases on behalf of state agencies.

 

        

Julian Campbell
Julian Campbell, Director of Clerking
Private Prosecution Team

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Learn more

For more information please contact Julian Campbell on 020 7869 7806 or email JulianCampbell@2harecourt.com. We will guide you through our simple and transparent process and get the right representation for your matter.

Private Prosecution Barristers

 

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Directory Quotes


“The set is loaded with exceptional KCs, senior juniors at the top of their game and diligent juniors with qualities above their call.” Another adds: “They have a formidable array of talent.”

“The clerks are very responsive and efficient.” “They are so practical.” “Director of clerking Julian Campbell is absolutely fantastic. He is a brilliant clerk and a pleasure to deal with.”

Chambers UK 2023

“The set has very efficient and able clerks.” “The director of clerking Julian Campbell is outstanding. He is very commercial but sensible, and he understand the pressures solicitors are under.” “The clerks are easy to speak to, go above and beyond and are always available. They have been on top of everything during the pandemic and it has made their clients’ lives much easier.” (Financial Crime: Pte Prosecutions)

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