Guidance from the High Court on the duty of candour in applying for a criminal summons; abuse of process, and whether a party can contract out of its right to bring a private prosecution In June of this year, the High Court (Mr Justice Garnham, with whom Lord Justice Popplewell agreed) handed down its judgment […]
In this short webinar, Christopher Coltart QC considers the legal rulings made in the course of The FA v Daniel Sturridge (in which he appeared for The FA) and the effect of these rulings on The FA’s ‘inside information’ rules.
The Criminal Justice Act 1993 provides for wide rules of jurisdiction in prosecutions for acquisitive offences such as theft and fraud. To give one example, in a conspiracy to defraud, any act in furtherance of the conspiracy occurring in England and Wales (E&W) will give the court jurisdiction to try the whole conspiracy. The Act […]
The tension: Greater profile, no greater powers Private prosecutions are on the up, both in terms of volume and profile. This is in part thanks to high profile private prosecutions, such as the headline-grabbing but ill-fated prosecution of Boris Johnson. It is also the consequence of the cuts that have worn away at the CPS, […]
Introduction The recent case of Campaign Against Anti-Semitism v DPP  EWHC 9 (Admin) provides a useful summary of when a private prosecution will be discontinued. It also serves as a reminder of the limited scenarios in which the High Court will allow a challenge to the DPP’s decision to discontinue. Background In June 2017, […]