In defence of private prosecutions

The Post Office treated the wronged postmasters inexcusably. But let’s not throw the baby out with the bathwater, argues Kate McMahon

It would be a tragic irony if, in response to the inexcusable failures of the government-owned Post Office, a legal remedy available to those wronged were to be revoked. Indeed, such an act would require lawyers and the public to put unrestrained faith in the exact same government that has failed to adequately supervise its own Post Office.

The inertia and partiality to be guarded against has been long recognised by our courts and the importance of the remedy of private prosecutions always enforced. In Gouriet v Union of Post Office Workers [1978] AC 435, [1977] 3 All ER 70, Lord Wilberforce said: ‘The individual… who wishes to see the law enforced has a remedy of his own: he can bring a private prosecution. This historical right, which goes right back to the earliest days of our legal system… remains a valuable constitutional safeguard against inertia or partiality on the

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

In defence of private prosecutions

The Post Office treated the wronged postmasters inexcusably. But let’s not throw the baby out with the bathwater, argues Kate McMahon

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Penningtons Manches Cooper—Robert Dransfield

London medical negligence practice strengthened by senior partner hire

DAC Beachcroft—seven appointments

Firm boosts professional risk practice with team hire in Manchester, led by partner Ben Parks

Doyle Clayton—Benedicte Perowne

Workplace law firm appoints new head of regulatory team

NEWS

Read All

NLJ this week: CPR tweak closes third-party disclosure gap

A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing

NLJ this week: Court of Appeals wrestles with Mazur fallout

The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year

NLJ this week: Deepfakes demand data law muscle

As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR

Error message

In defence of private prosecutions

MOVERS & SHAKERS

Penningtons Manches Cooper—Robert Dransfield

DAC Beachcroft—seven appointments

Doyle Clayton—Benedicte Perowne