30/04/2019 : Keep Calm And Carry On Privately Prosecuting


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London (GB085)
Tel 2019-04-30
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Keep Calm And Carry On Privately Prosecuting

The Law and Practice of Private Prosecutionsby Gillian Jones QC of Red Lion Chambers and Andrew Marshall, Partner at Edmonds Marshall McMahon This lecture will address the law and practice involved in bringing a Private Prosecution. The lecture will begin with an overview of what private prosecutions are and the types of individuals and organisations who may consider bringing such a case, before going on to explore why they are needed and the types of cases that have successfully been brought as private prosecutions. It will also address the following: Why privately prosecute? The arguments in favour, the pitfalls and the alternatives. Practical guide as to how a private prosecution is brought from the initial stages, through an investigation to charge and the steps required to bring a case to court.

Disclosure: the considerations. Confiscation and Asset recovery. Costs When civil and criminal law can be used in tandem Gillian Jones QCRed Lion Chambers Cited as a Leading Silk in 2019 in financial crime, business and regulatory crime (including global investigations), Proceeds of Crime Act and Asset Forfeiture, as well as General Crime by Legal 500, Chambers UK and Who’s Who Legal. Gillian has a high-profile practice with a particular specialisation in financial and corporate crime, acting on behalf of individuals, corporate clients and the prosecution – many of her cases are well-known with a global reach. Gillian also advises companies on compliance issues, internal investigations, and strategically following commencement of investigations by the SFO, FCA and other regulatory bodies.
Her practice is such that she has acquired specialist knowledge of restraint and confiscation, the obtaining of material from foreign jurisdictions, and an understanding and analysis of complex bank movements and off-shore transactions. Described as “An assiduous and quick-thinking, formidable silk whose cases involve allegations of insider dealing, rate rigging and investment fraud. She is experienced in significant bribery and corruption cases…[she] is able to navigate the most complex cases and get to the heart of a matter almost instantly. She is a go-to person for those seeking pragmatic, sensible and reliable advice.” – Chambers UK (2019) “She has an incisive legal mind which enables her to cut rapidly to the crux of the issues in the most complex cases…Her advice is pragmatic and rigorous, making her highly sought after.” – Legal 500 (2019) Andrew Marshall, Edmonds Marshall McMahon & Red Lion Chambers Andrew Marshall is one of the co-founders of Edmonds Marshall McMahon – a City boutique firm specialising in, and with unrivalled experience of, conducting private prosecutions.
He is a barrister (and member of Red Lion Chambers) with over 30 years’ litigation experience – most conducting cases at the highest level and as Standing Counsel to the Attorney General (e.g. insider trading, arms trafficking, environmental). He has conduct of the most difficult cases across a wide range of fields and jurisdictions. His practice reflects his considerable experience conducting the most complex cases and his legal, technical and advocacy abilities, particularly in fraud, specialist regulatory, criminal and quasi-criminal areas. Andrew’s cases frequently involve Judicial Review and High Court (especially Chancery) actions. Andrew is consistently recommended in the directories both in his capacity as a barrister (’technically excellent and innovative and a very able and extremely intelligent advocate’, ‘impeccable judgement’; ‘he makes complicated things sound simple’ ‘extensive experience of prosecuting high-value matters’ ‘expert on document-heavy cases involving complex technical evidence’, ‘highly experienced prosecutor, absolutely committed to his cases’, Chambers and Partners) and at Edmonds Marshall McMahon (‘wise, has experience and a measured approach’, ‘extremely bright, hard-working and tactically astute’, Legal 500).
At Edmonds Marshall McMahon, Andrew’ work has included conduct of the UK’s largest corporate private prosecution, R (Das UK Holdings) v Paul Asplin & Others (three-month trial x 6 defendants, fraud by CEO over 14 years) through the courts to its successful conclusion, prosecuted Andrew Camilleri to conviction for insolvency offences, conduct of the complex Patel private prosecution linked to a Chancery action for a forged will and conduct of multi-£m Chancery action re account of profits arising from breach of fiduciary duty.

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