The background to the private prosecution
The background to the private prosecution:
The private prosecutors, who are not residents of the United Kingdom, allege that they have suffered financial loss as a result of dishonest activity by the respondents which crosses national borders. They initially instructed an attorney, and later a consulting and investigations company, in their own country to make enquiries about the persons involved in the events which had resulted in the loss. As the investigation proceeded, the private prosecutors decided they needed legal representatives in this country. Having no knowledge of the English criminal legal system, they took advice from the investigators and identified two firms who would be able to act in both civil and criminal proceedings. The evidence of the private prosecutors is that they believed there was “likely little difference in cost when using leaders in their field”. They selected and instructed a firm of solicitors with offices both in this country and in other countries (“the solicitors”).
- Heading
- Lord Justice Holroyde
- The background to the private prosecution
- The commencement of the prosecution
- Further proceedings in the Crown Court
- The request for the CPS to take over, and discontinue, the prosecution
- The abuse application
- The application for costs
- Relevant statutory provisions
- “ 6 Prosecutions instituted and conducted otherwise than by the Service
- “ 17 Prosecution costs
- “ 5 The appropriate authority
- 6 Claims for costs
- 7 Determination of costs
- Relevant case law
- The submissions to this court
- Analysis
- Conclusions
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