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Private prosecutions

21 March 2016

Lose the battle but win the war – costs in private prosecution awarded to losing party

Martin Porter, the 'cycling barrister' recently brought a private prosecution against Mr Kayardi for dangerous driving.  It was claimed that in February 2015 Mr Kayardi sped past cyclist Mr Porter QC, at 50mph in a 30mph zone whilst driving his Audi sports car.

Hannah Eales

7 December 2015

Director of Public Prosecutions stops private prosecution for sex-selective abortion

On 1 December 2015 campaigner Aisling Hubert made an application for judicial review over the Director of Public Prosecution’s (DPP’s) decision not to prosecute two doctors who were filmed offering to carry out abortions based on the children’s gender.

Hannah Eales

23 November 2015

Dog attacks – the Royal Mail bites back with private prosecutions

In May 2014, the Dangerous Dogs Act was amended so that dog owners can face prosecution if their dog attacks a person on private property.

Following this change in the law and the Royal Mail’s crackdown on dog attacks on postal workers, last month a dog owner from Manchester became one of the first people in Britain to be prosecuted by the Royal Mail. The attack, which left a postal worker with a six-inch wound, had initially been reported to the police but the owner only received a caution.  Unsatisfied with this, the Royal Mail decided to launch its own private prosecution. The owner pleaded guilty to owning a dog which was dangerously out of control and was placed on a seven-week curfew, ordered to pay costs and compensation and was banned from keeping dogs for 18 months.

20 November 2015

Bringing justice - private prosecutions for companies and individuals

Over the last five years City of London Police have had their budget reduced by 15% arguably leading to a reduction in the number of white collar crime investigations. As with the reduction in raids by the SFO this year, the stretch on resources for those responsible for investigating white collar offences is increasing while wrongdoing by corporates and individuals is ever present. 

Hannah Eales

23 September 2015

When not to commence a private prosecution

Private prosecutions offer an excellent legal remedy to those who do not have the support of the state prosecuting agencies to commence a prosecution. But if you fancy yourself as a would-be private prosecutor, be warned, there are significant risks associated with starting a prosecution which are motivated purely out of self-interest and as a means to blackmail or punish another.

Melinka Berridge

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