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Private prosecutions—arguing abuse of process following prosecution disclosure failings (D Ltd v A and others)

Private prosecutions—arguing abuse of process following prosecution disclosure failings (D Ltd v A and others)
Published on: 14 August 2018
Published by: LexisPSL
  • Private prosecutions—arguing abuse of process following prosecution disclosure failings (D Ltd v A and others)
  • What is the background to this case?
  • What did the court say about private prosecutions?
  • What is the role of private prosecutors when it comes to disclosure, and how does this case illustrate the ramifications of this in practice?
  • Why did the court overturn the stay of these proceedings?
  • What can practitioners and victims of fraud glean from this decision?
  • How important are private prosecutions for redressing the wrongs done by fraudsters?

Article summary

Corporate Crime analysis: Defendants in private prosecutions face a tough battle to persuade the criminal courts that prosecution disclosure failings amount to an abuse of process. Andrew Katzen, partner at Hickman & Rose, analyses the recent corporate crime case of D Ltd v A and others, in which a company brought a criminal prosecution against defendants who included two of its former employees. or take a trial to read the full analysis.

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