Post Office scandal could lead to rules change on private prosecutions – The Guardian

‘Rules to prevent companies taking private prosecutions in the way the Post Office went after innocent post office operators are being considered by the government.’

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The Guardian, January 2024

Source: www.theguardian.com

High Court criticises firm for private prosecution disclosure failure – Legal Futures

Posted November 21st, 2023 in disclosure, fraud, law firms, news, private prosecutions by sally

‘The High Court has criticised a leading private prosecutions law firm for the information it provided to persuade a judge to issue summonses alleging fraud against three people.’

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Legal Futures, 21st November 2023

Source: www.legalfutures.co.uk

Bar chair calls for private prosecutions rethink after Post Office scandal – Legal Futures

‘It is time to look “very carefully” at whether those who “regarded themselves as victims” should be able to bring private prosecutions in the wake of the Post Office scandal, the chair of the Bar Council has said.’

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Legal Futures, 15th June 2023

Source: www.legalfutures.co.uk

Claim against solicitors was attempt to relitigate private prosecution – Legal Futures

‘A professional negligence claim against a firm of solicitors in the North-East has been thrown out as an attempt to relitigate an unsuccessful private prosecution.’

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Legal Futures, 3rd August 2022

Source: www.legalfutures.co.uk

Rape victims failed by UK criminal courts are being forced to seek justice elsewhere – The Guardian

Posted April 19th, 2022 in civil justice, damages, news, private prosecutions, prosecutions, rape, victims by sally

‘With prosecutions at an all-time low, some women are turning to civil courts – but the process can be difficult and expensive.’

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The Guardian, 19th April 2022

Source: www.theguardian.com

Charity’s private prosecution ‘perverting the course of public justice’ – Law Society Gazette

“A specialist law firm and animal rights charity may have been engaged in ‘systemic fraud’ and ‘perverting the course of justice’, by bringing abusive and unfounded private prosecutions, a judge has said.”

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Law Society Gazette, 4th November 2021

Source: www.lawgazette.co.uk

No case to answer: prosecution under s. 82 Environmental Protection Act 1990 dismissed – Local Government Lawyer

‘Sarah Salmon reports on how a social landlord successfully defended a private prosecution brought by an occupier of one of its properties under section 82 of the Environmental Protection Act 1990.’

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Local Government Lawyer, 1st October 2021

Source: www.localgovernmentlawyer.co.uk

Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

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25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

Belly Mujinga: family still seeking justice one year after Covid death – The Guardian

Posted April 6th, 2021 in anonymity, assault, coronavirus, data protection, news, private prosecutions by sally

‘The family of Belly Mujinga, a London transport worker who died with Covid-19 after allegedly being spat and coughed at while on duty, have called for police to disclose the suspect’s name.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

CPS drops more than half of its private prosecutions – Law Society’s Gazette

Posted March 30th, 2021 in Crown Prosecution Service, news, private prosecutions, statistics by tracey

‘The Crown Prosecution Service discontinued more than half of the private prosecutions referred to it in a year, figures seen by the Gazette reveal.’

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Law Society's Gazette, 29th March 2021

Source: www.lawgazette.co.uk

RSPCA plans to stop taking animal abusers to court privately – The Guardian

‘For nearly two centuries, the RSPCA has pursued private prosecutions against people it suspects of cruelty to animals. Now, under pressure from MPs, it has said it plans to end that practice and turn over its files to the Crown Prosecution Service instead.’

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The Guardian, 28th January 2021

Source: www.theguardian.com

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

Commission proposes block on ‘vexatious’ misconduct prosecutions – Law Society’s Gazette

‘The ancient common law offence of misconduct in public office is “too ill-defined and uncertain to be maintained in the criminal law,”.the Law Commission has concluded, recommending its replacement with two new offences. The proposed reform would also block ‘vexatious’ private prosecutions of public figures.’

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Law Society's Gazette, 4th December 2020

Source: www.lawgazette.co.uk

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