Private prosecutions

16 December 2021

Costs not recoverable on ‘the nod’ - A warning for private prosecutors R (on the application of T M Eye Ltd) v Southampton Crown Court [2021] EWHC 2624 (Admin)

Last month, the High Court handed down judgement in R (on the application of T M Eye Ltd) v Southampton Crown Court reinforcing the correct approach to applications for an award from central funds for the costs of a private prosecution. Despite clear ‘Jurisdictional error’ on the part of the Crown Court, the appellant court took the opportunity to warn private prosecutors; applications will not be approved ‘on the nod’.

16 December 2021

Mythbusting: Motivation in Starting a Private Prosecution

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.

Melinka Berridge

16 December 2021

Mythbusting: Recovery of Costs in Private Prosecutions

Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act.   Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty.  Conducted badly they can be an expensive mistake with far reaching consequences. 

In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions.  In this blog we look at whether the private prosecutor is entitled to recover their full investigation and legal fees at the end of the case.

Melinka Berridge

5 October 2020

Best practice for organisations using private prosecution powers

The House of Commons Justice Committee has made a series of recommendations in its report published today which are likely to have a significant impact on the future of private prosecutions in England and Wales. 

Melinka Berridge

20 May 2020

Victims’ Right to Review Scheme: does a victim have a right to make representation?

A victim has a right to request review of a decision not to prosecute or to discontinue a prosecution, but do they have a right to make representations?

Sophie Bolzonello

Skip to content Home About Us Insights Services Contact Accessibility