Private Prosecution

Private prosecution is a rapidly expanding practice area for the criminal bar. Members of Mountford Chambers regularly advise corporations or individuals on the merits of bringing such cases. Conversely, they are adept at advising those who find themselves as a target of a malicious private prosecutor where proceedings may have been brought for the purposes of leverage in parallel civil proceedings.

There has been an inevitable upturn in this area of work as the budgetary constraints of the nation’s protectionary bodies face cuts; those affected by the cuts include the SFO, FCA, CPS and HMRC.

Launching a private prosecution allows an individual more control over the case as it facilitates increased input as to how the case is run, as well as greater access to the legal team instructed to represent them.

Members of Mountford Chambers have considerable experience in defending proceedings brought by a private prosecutor, and are well versed in guiding clients through what can be a difficult experience.

Our barristers advise on all of the points of interest including:

• Prospects of success
• Applications to apply to the DPP to step in and cease the prosecution
• Recovery of costs
• Applying and resisting the issue of summons against defendants in the magistrates court
• Advising on abuse of process arguments

Recent private prosecution cases include:

• Prosecuting individuals on behalf of the RSPCA
• Prosecuting hunt organisers on behalf of animal welfare groups in relation to fox hunting
• Advising an UHNW individual in relation to alleged fraud committed by co-director of a listed company
• Prosecuting on behalf of a foreign national for alleged fraudulent activity of business partners resulting in large financial loss