Sykes Fri Apr 03, 2015 6:35 am
A source has sent this to me regarding post No 1 above; I suggest anyone proposing taking out a private prosecution read the last paragraphy
VERY CAREFULLY:
"A Private Prosecution:
Having established therefore the previous common law right to bring a private prosecution, further considered recently by the Lord Chief Justice of England and Wales, the next hurdle for a private prosecutor is an immediate back-lash firstly from the proposed Defendant or their legal team, that a case of fraud could be brought in the Civil Courts as well as the Criminal Courts, and that the Civil Courts are more appropriate.
The second hurdle, having overcome the evidential and public interest tests as prescribed by CPS guidance notes before bringing criminal proceedings, is to convince the Court not only of your intentions as Prosecutor, but also that the case has been brought responsibly, and not frivolously, or is a vexatious claim.
The purpose of the Criminal Courts, are not to be used to blackmail a Defendant, or to seek vengeance or revenge. If you are bringing a claim in any Court, that must NEVER be an underlying factor, or else you will find yourself looking at a claim for malicious prosecution, interference with business, defamation, amongst other recourses for bringing criminal proceedings without merit to a criminal standard."
