2020 was a year book ended by key judgments on costs in private prosecutions in which the courts were keen to emphasise the public interest in individuals and companies being able to pursue private prosecutions. At the start of the year, in Fuseon Limited v Senior Courts Costs Office [2019] EWHC 126[1] (Admin), Lane J […]
Justice Select Committee Report Published – Safeguards in Private Prosecutions Gavin Irwin explores the report’s key recommendations On 7 July 2020, Alison Levitt QC gave evidence before the Justice Select Committee, on behalf of the Private Prosecutors’ Association, on safeguards in private prosecutions[1]. Separately, the 2 Hare Court Private Prosecutions’ Group made written representations to […]
On 4th July 2019 Mr. Justice Davis approved a Deferred Prosecution Agreement (“DPA”) between the Serious Fraud Office and Serco Geografix Limited – the fifth DPA to be approved by the courts. This case reiterates the importance of cooperation and remedial action by companies wishing to enter into a DPA. It is the first occasion […]
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 […]
The statutory right to bring a private prosecution, under s.6(1) of the Prosecution of Offences Act, is a rapidly expanding area of criminal law, particularly in matters involving economic crime where white collar private prosecutions allow aggrieved parties to seek redress in the criminal courts, often in tandem with civil proceedings. Prospective defendants are, however, […]
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