Adrian Darbishire QC and Rachna Gokani, instructed by Simmons & Simmons, acted for the defence in a private prosecution of a large British Bank and its former Director for offences of conspiracy to defraud and perjury.
The summonses were set aside on a defence application:
- the prosecutor’s primary motive in bringing the proceedings was personal animosity;
- the allegations were 14 years old and ventilated the same issues that were considered in contemporaneous civil proceedings, which variously failed or were not proceeded with;
- in applying for the summonses, the prosecutor failed to disclose material to the Court which would have undermined the application;
- there was no prima facie evidence capable of proving the legal ingredients of the offences charged.
The legal representative with conduct of the prosecution was ordered to pay in excess of £300,000 in costs.