Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

Mirchandani– some good news for Private Prosecutors – 2 Hare Court

Posted October 27th, 2020 in confiscation, costs, news, private prosecutions by sally

‘It is well established that private prosecutors may pursue confiscation proceedings in the Crown Court and that confiscation proceedings, as part of the sentencing process, are properly classified as part of the criminal proceedings. As such, if successful, a private prosecutor can expect to recover from central funds costs incurred in such proceedings, under s.17 of the Prosecution of Offences Act 1985, which, as amended, provides that a court may award such costs in “any” proceedings “in respect of an indictable offence”; and, in any proceedings before a Divisional Court of the QBD or the Supreme Court “in respect of a summary offence”.’

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2 Hare Court, 13th October 2020

Source: www.2harecourt.com

Activists launch London legal action against UK officers in Hong Kong police – The Guardian

Posted August 11th, 2020 in demonstrations, Hong Kong, news, police, private prosecutions, public order, torture by sally

‘Pro-democracy activists have launched a private prosecution in London against five British officers working for the Hong Kong police, alleging they have taken part in brutal actions against protesters.’

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The Guardian, 10th August 2020

Source: www.theguardian.com

5SAH Business Crime – July 2020 Update – 5SAH

‘Featuring the following articles and videos from our barristers who are experts in the field of Business Crime and Proceeds of Crime work:
– 5SAH Video: Asset Tracing & Recovery – Tool Kit for Businesses – Post Covid19: Webinar featuring Gary Pons & Jonathan Benton
– David Stern features in Butterworths Journal of International Banking & Financial Law – May 2020 Edition on Cum-Ex.
– New Role for Private Prosecutions in the Wake of Covid 19: Counsel Magazine: Kevin Dent QC and Jeremy Asher.
– Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton): John Oliver and Alexa Le Moine for Lexis Nexis.’

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5SAH, 6th July 2020

Source: www.5sah.co.uk

Family of Harry Dunn to bring private prosecution against Dominic Raab – The Guardian

‘The family of Harry Dunn, the 19-year-old killed on 27 August last year after being hit by a car driven by the wife of a US intelligence officer, intends to bring a private criminal prosecution against the foreign secretary, Dominic Raab, the Guardian has learned.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

Julian Jones article on Private Prosecutions Code – Park Square Barristers

Posted August 29th, 2019 in codes of practice, news, private prosecutions by sally

‘The exercise of the ancient common law right to conduct a private prosecution has become a growth area in the last decade. A number of members of Park Square Barristers now receive instructions to advise and appear in court in this burgeoning area.’

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Parl Square Barristers, 30th July 2019

Source: www.parksquarebarristers.co.uk

Judge rejects court action against Boris Johnson over £350m Brexit claim – The Guardian

‘An attempt to bring a private prosecution against Boris Johnson for allegedly telling lies during the 2016 referendum campaign appears to have been dealt a fatal blow with the rejection of an application to take the case to the supreme court.’

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The Guardian, 14th August 2019

Source: www.theguardian.com

SDT strikes out private prosecution against top London law firm chief – Law Society Gazette

‘A former client has failed to have the senior partner of a leading London law firm prosecuted over allegations of lying to the court.’

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Law Society Gazette, 14th August 2019

Source: www.lawgazette.co.uk

Code aims to improve standard of private prosecutions – Law Society’s Gazette

Posted July 18th, 2019 in codes of practice, news, private prosecutions, solicitors, standards by tracey

‘Lawyers advising clients in the controversial area of private prosecutions have published a code that aims to improve the standard of prosecutions and increase judicial understanding of the process.’

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Law Society's Gazette, 18th July 2019

Source: www.lawgazette.co.uk

Brexit: Boris Johnson £350m claim case thrown out by judges – BBC News

‘The High Court has thrown out an attempt to prosecute Boris Johnson over claims he lied during the 2016 referendum campaign by saying the UK gave the EU £350m a week.’

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BBC News, 7th June 2019

Source: www.bbc.co.uk

Brexit: Boris Johnson ordered to appear in court over £350m claim – BBC News

‘Boris Johnson has been ordered to appear in court over claims he lied by saying the UK gave the EU £350m a week. The Tory leadership candidate has been accused of misconduct in public office after making the claim during the 2016 EU referendum campaign.’

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BBC News, 29th May 2019

Source: www.bbc.co.uk

Barrister who failed to give “unwelcome advice” suspended – Legal Futures

‘A barrister who failed to give “unwelcome advice” to an “over-enthusiastic client” about a private criminal prosecution has been suspended for a month by a Bar disciplinary tribunal.’

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Legal Futures, 22nd August 2018

Source: www.legalfutures.co.uk

Can climate litigation save the world? – The Guardian

‘Courts are a new front line of climate action with cases against governments and oil firms spiralling, and while victories have so far been rare the pressure for change is growing’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Mother to bring alleged rapist to justice via crowdfunding after prosecutors refuse to press charges – The Independent

‘A mother who says she was raped by a stranger has now set up a crowdfunding page to bring her alleged attacker to justice.’

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The Independent, 6th November 2017

Source: www.independent.co.uk

Couple who faked holiday sickness are jailed – The Guardian

Posted October 16th, 2017 in compensation, fraud, holidays, insurance, news, private prosecutions by sally

‘The government has stepped up attempts to eliminate fake holiday sickness scams, as a middle-aged British couple who had boasted on social media about having “sun, laughter and fun” on their holidays were jailed after making false insurance claims.’

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The Guardian, 13th October 2017

Source: www.theguardian.com

High Court blocks bid to prosecute Tony Blair over Iraq War – The Independent

Posted July 31st, 2017 in international law, Iraq, news, private prosecutions, war by sally

‘The High Court has blocked a bid by a former chief of staff of the Iraqi army to bring a private prosecution against Tony Blair over the Iraq War.’

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The Independent, 31st July 2017

Source: www.independent.co.uk

Iraq war: judge to review Tony Blair prosecution ban – The Guardian

‘The most senior judge in England and Wales will hear a case attempting to overturn a ban on prosecuting Tony Blair over the Iraq war, the Guardian has learned.’

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The Guardian, 5th July 2017

Source: www.theguardian.com

Blair prosecution opposed by attorney general, says paper – BBC News

Posted April 18th, 2017 in Iraq, ministers' powers and duties, news, private prosecutions, reports, war by sally

‘The attorney general hopes to block a private prosecution against Tony Blair over the Iraq war, a report says.’

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BBC News, 17th April 2017

Source: www.bbc.co.uk

Driver cleared over cyclist’s death after crowdfunded case – The Guardian

Posted April 7th, 2017 in bicycles, careless driving, news, private prosecutions by tracey

‘A woman accused of knocking down and killing a cyclist has been cleared of careless driving following a crowdfunded private prosecution.’

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The Guardian, 6th April 2017

Source; www.guardian.co.uk

Driver faces private prosecution over death of cyclist in London – The Guardian

Posted April 5th, 2017 in dangerous driving, homicide, news, private prosecutions by sally

‘The driver of a car that hit a cyclist who later died has appeared at the Old Bailey in a private case brought by the Cyclists’ Defence Fund.

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The Guardian, 3rd April 2017

Source: www.guardian.co.uk