Private Prosecutions in England and Wales: Practitioner Checklist on Advantages, Risks, Costs and Procedural Duties

Published by a LexisNexis Corporate Crime expert

Checklists

This Checklist is intended to support solicitors advising on private prosecutions, and private prosecutors themselves, by outlining the principal advantages, challenges and pitfalls of private prosecutions, setting these alongside other forms of redress to provide clear illustration of how private prosecutions compare in practice overall.

Advantages of bringing a private prosecution

Key reasons to select a private prosecution over a public prosecution or a civil fraud claim include:

the capacity to commence proceedings in circumstances where public prosecutors decline to act

Private prosecutions are frequently commenced when public prosecutors refuse to bring charges against the prospective defendant...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Michelle Sloane

RPC

Michelle is a dual qualified lawyer in New Zealand and England & Wales and former investigator from New Zealand’s revenue agency, who specialises in tax disputes, financial crime and regulatory investigations. Michelle acts for both corporate and individual clients. Michelle has acted for numerous corporates in connection with a wide range of tax and financial crime related matters, with particular focus on fraud, money laundering offences and VAT and customs and excise duty disputes. She has experience working on dispute, investigations and prosecutions involving numerous enforcement authorities for over 18 years. In her representation of individuals, Michelle regularly attends Interviews Under Caution and regulatory investigative interviews and has also represented individuals in broader criminal and regulatory investigations. A core area of her practise is financial crime litigation which involves fraud, bribery and the conduct of related civil proceedings. She has particular expertise in relation to HMRC...

Thomas Jenkins

RPC

Tom is Of Counsel in RPC's Tax, Investigations and Financial Crime team. He has extensive experience in conducting anti-corruption investigations and advising on the implementation and enhancement of compliance programmes. He advises individual and corporate clients facing a wide range of financial crime and regulatory defence challenges, including multi-jurisdictional investigations and prosecutions involving bribery, corruption, fraud, money laundering and market abuse.Tom acts for clients in a broad range of sectors with particular experience in engineering, heavy industry, construction, aviation, oil and gas, finance, commodities trading and healthcare. ...

Web page updated on 20/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...