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05 December 2025 / Niall Hearty
Issue: 8142 / Categories: Features , Profession , Fraud , Criminal
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Time to go private?

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Niall Hearty on why private prosecutions have become increasingly popular
  • Private prosecutions are on the rise as stretched public authorities and growing fraud push more people to seek their own route to justice.
  • Success depends on expert guidance, swift evidence gathering and a clear assessment of whether this route is truly the best option.

There are few aspects of legal life that are not fully recorded, reported on and capable of being assessed through stacks of statistics. But private prosecutions appears to be one.

While there is no database that gives figures for the number of private prosecutions brought each year, the anecdotal evidence indicates this has been an expanding area of law for over a decade.

Just as there is no set of figures to detail the scale of the rise in private prosecutions, there is also no single, clear-cut reason for that increase. It can be argued, with some justification, that cuts to police and Crown Prosecution Service (CPS) funding have led to many people looking

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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