Blog
Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
19 February 2025
Starting a private prosecution – evidential sufficiency & duty of candour
A recent High Court decision Whitehead v Westminster Magistrates’ Court [2024] EWHC 2868 (Admin) serves as a helpful reminder of the steps that one must take to establish valid grounds before a summons can be issued in a private prosecution.
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.
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.
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.