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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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