- No proper ground for setting aside summons in private prosecution (R (Siddiqui) v Westminster Mags Ct)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Corporate Crime analysis: In R (on the application of Siddiqui and another) v Westminster Magistrates’ Court, the Divisional Court held, on an application for judicial review, that there was no proper ground for a summons in a private prosecution to be set aside in circumstances where a settlement agreement, purporting to settle all ‘claims’ between the parties, had not been disclosed. Quashing the summons and staying the proceedings had been disproportionate in the circumstances. It would be proper for a court to discharge a summons in these circumstances if a settlement agreement had, on its proper construction, precluded the private prosecution; if the breach of the duty of candour embodied in the failure to disclose had been so serious as to require the summons to be quashed, or if that breach had amounted to an abuse of process. Written by Adam Craggs, partner at RPC.
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