Peters & Peters

Decision handed down in the case of R (on the application of Martin Kay and Scan-Thors (UK) Ltd) v Leeds Magistrates’ Court

Lord Justice Gross, sitting in the Administrative Court with Mr Justice Sweeney, delivered an important judgement bringing to an end a private prosecution commenced by a former business partner of Scan-Thors. The judgement, quashing the decision of the Magistrates’ Court, provides a useful reminder of the duty imposed on a private prosecutor to act with appropriate candour to enable the Magistrates’ Court to identify vexatious, abusive or otherwise improper proceedings. The Administrative Court found serious breaches of that duty in the non-disclosure of several key facts that the court found would have made a difference to the District Judge’s decision to issue the summons.

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