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8th Oct 2019Newsletters

No Go v Bojo

Divisional Court’s Reasoning for Quashing Issue of Summons Against Boris Johnson On 3 July 2019 the Divisional Court (Rafferty LJ and Supperstone J) handed down its reasons for the decision to overturn the issuing of a summons against Mr Boris Johnson in one of the most high profile decisions in a private prosecution to date. […]

8th Oct 2019Newsletters

Re Somaia and the Recovery of Costs in Enforcement Proceedings in the High Court

Introduction It is clear that private prosecutors may pursue confiscation proceedings in the Crown Court: see David Whittaker QC’s article.  Furthermore, if successful, they can expect to recover from central funds costs incurred in such proceedings and in appeals against confiscation orders (although reference should be made to R (Virgin Media Ltd) v. Zinga[1]  for […]

8th Oct 2019Newsletters

Increasing Regulation of Private Prosecutions

We are currently living in an era where private prosecutions are fast becoming commonplace. The past few years have seen a significant rise in the number of prosecutions brought privately, particularly in cases involving fraud. Whether this is the result of police indifference to financial crime or whether the private prosecutor simply has more energy […]

8th Oct 2019Newsletters

Investigatory Powers in Private Prosecutions: Hurdles and Opportunities

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, […]

8th Oct 2019Newsletters

Thakrar and the Ramifications for Private Prosecutors

In Thakrar v Crown Prosecution Service [2019] EWCA Civ 874, the Court of Appeal (Civil Division) ended any hopes of resurrecting a private prosecution for the alleged theft of industrial quantities of plastics and gave guidance as to the limits of appellate jurisdiction in the context of judicial review in private prosecutions. The case had […]

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