- 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?
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.
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