The Critical Distinction Between Weight and Admissibility of Hearsay Evidence In a recent judgment, the High Court firmly denounced the practice of ushering through hearsay evidence in regulatory proceedings under the premise of scrutinising it later by reference to weight. The Background The Nursing and Midwifery Council (‘the NMC’) had brought a number of charges […]
Introduction The recent case of Campaign Against Anti-Semitism v DPP [2019] 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, […]
As readers will doubtless recall, in R. (on the application of Kay) v Leeds Magistrates’ Court [2018] EWHC 1233 Admin, a case concerning a private prosecution, Sweeney J, following R v West London Stipendiary Magistrate, ex parte Khan [1979] 1 WLR 933, DC, and subsequent authority, rehearsed the five key questions about which a magistrate […]
One of the factors that any private prosecutor should consider is the whereabouts of any prospective defendant. What happens if a defendant is not in England and Wales when a private prosecutor applies for a summons? What can a private prosecutor do to ensure the attendance at trial of a defendant who refuses to return […]
The parallel use of civil actions and private prosecutions is increasingly common, particularly in cases relating to alleged fraud. Practitioners must, however, be alive to the risk that tactical decisions in one action may have a knock on effect in the parallel action. Such risks were brought to the fore recently in Gilani v Saddiq […]
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