Kathryn Arnot Drummond represents the director of a company who faced private prosecution for a £10million conspiracy to defraud.
The prosecution was brought by a law firm on behalf of a litigation funder. A summons was granted but proceedings adjourned for the defence to make representations to the CPS on the merits of the case. As a result, the CPS took over and discontinued the case.
Application was made for costs under section 19 of the Prosecution of Offences Act 1985. Kathryn argued that the unnecessary or improper act was the bringing of a private prosecution when there was no reasonable prospect it would succeed. The history of the case gave rise to the question why anyone thought it proper to deal with such a complex case by private prosecution without reporting the alleged criminality to the police or prosecuting authorities and without ‘undertaking an independent and objective analysis of the evidence before commencing proceedings to determine whether there is a realistic prospect of conviction’.
The District Judge found that the bringing of this private prosecution was itself an improper act and costs were awarded to the defendant in full.
Kathryn was instructed by Fergus Harrington at @ Gentle Mathias LLP
