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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll