Tag Archives: private prosecution

R v Andrew John Camilleri (2018) – An IVA Proposal and War of Attrition

On Monday 29th January 2018, following a private prosecution, Andrew John Camilleri was unanimously convicted by a jury at Manchester Crown Court of making false representations in an Individual Voluntary Arrangement (“IVA”)[1] proposal contrary to section 262A of the Insolvency Act … Continue reading

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The end of the Ghosh direction is on the cards

In an enormously important decision handed down yesterday, Ivey v. Genting Casinos (UK) Ltd t/a Crockfords[1], the Supreme Court signalled the end of what has been the standard Ghosh[2] direction, given to juries in criminal cases where dishonesty is in … Continue reading

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EMM shortlisted for Specialist Law Firm of the Year in The British Legal Awards 2017

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Edmonds Marshall McMahon is delighted to announce that it has been shortlisted for the Specialist Law Firm of the Year in the British Legal Awards 2017. The British Legal Awards celebrates achievement, excellence and innovation in the legal profession and … Continue reading

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Joint Public and Private Prosecution Secures 4 Year Prison Sentence for Employee Theft

R v Troy Wood On 22 September, following a successful joint public and private prosecution, Mr Wood was sentenced to 4 years imprisonment for offences of fraud, theft and perverting the course of justice. Edmonds Marshall McMahon represented Provident Personal Credit, for … Continue reading

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Bringing private prosecutions for the sale of ‘grey goods’ R v M; [2017] UKSC 58,

Corporate Crime analysis: Can a criminal offence be committed under the Trade Marks Act 1994 (TMA 1994) for the sale or distribution of so-called ‘grey goods’ without the trade mark proprietor’s consent? Ashley Fairbrother, solicitor at Edmonds Marshall McMahon, examines … Continue reading

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Confiscation and compensation orders following private prosecutions (R v Somaia)

Corporate Crime analysis: Can a private prosecutor initiate confiscation proceedings and if  so, under what circumstances is this permitted? Ashley Fairbrother, solicitor at Edmonds Marshall McMahon, examines the issues in R v Somaia and says that private prosecutors are able … Continue reading

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Grey Goods and Trade Mark Infringement: Private Prosecution

Adidas, Jack Wills and Fred Perry are but few of the many brands and trademark proprietors that contract with factories across the world every day to produce their goods to be sold in the market place. The trademark proprietor will, … Continue reading

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The Coercive Confiscation Regime – Monumental Orders for Olympian Scale Fraudsters

On the 13th January 2016, an Old Bailey Judge made one of the largest confiscation and compensation orders made this decade against what he described as an ‘Olympian scale’ fraudster, dubbed ‘King Con’. In this remarkable landmark case, the proceedings … Continue reading

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Private prosecutions are on the rise

Private prosecutions are on the rise; Tamlyn Edmonds and Ashley Fairbrother discuss the roaring success that was the conviction of fraudulent businessman Ketan Somaia On 13 January 2016, an Old Bailey judge made one of the largest confiscation and compensation … Continue reading

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What is a Private Prosecution?

Private Prosecutions are prosecutions not brought by the Crown or other statutory prosecuting authority (such as the Crown Prosecution Service).  A private prosecution can be brought by any individual or any company and the right is expressly reserved in section … Continue reading

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