header-logo header-logo

The rise of private prosecutions

05 June 2015
Issue: 7656 / Categories: Legal News
printer mail-detail

The use of private prosecutions is a growing trend in England and Wales, particularly in the creative industries, where lawyers acting for film, music and broadcasting rights owners have achieved a string of successes in the last few years.

Last July, Ketan Somaia was convicted at the Old Bailey for obtaining US$19,5m by deception in the largest private prosecution brought by an individual in the UK. He was sentenced to eight years’ imprisonment.

Last August, Philip Danks was sentenced at Wolverhampton Crown Court to 33 months in prison for distributing pirate copies of films in a private prosecution brought on behalf of the Federation Against Copyright Theft (FACT).

Alastair Rhodes, chambers director, QEB Hollis Whiteman, says: “As the Somaia case demonstrates, their revival is not confined to the protection of intellectual property rights: they are also proving a useful and effective tool in the prosecution of more mainstream white-collar crimes, with City law firms and the big four accountancy firms becoming more interested in their use.”

However, Rhodes points out that while the ancient legal remedy of private prosecution—previously used by victims of crimes that the Crown had decided not to prosecute—may be popular, it is not without risk.

He quotes the comments of former Director of Public Prosecutions, Sir David Calvert-Smith that it is essential that they be accompanied by “the highest standards of fairness and prosecutorial responsibility” since “any high profile prosecution which is found to have been mounted unfairly or without the application of standards applicable to the ordinary public trial will lead to renewed calls for the abolition of the power”.

QEB and FACT are running a conference on private prosecutions and the potential pitfalls when bringing them, on 2 July at The Banking Hall, London.

Issue: 7656 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll