D Ltd v A & Ors

D Ltd v A & Ors

The judge's findings of wilful suppression of evidence and irredeemable taint were not supported by the evidence; criticisms of conduct, disclosure, and witness handling did not render a fair trial impossible; the stay was granted in error of law and principle and was not a reasonable conclusion.

Parties
Applicant: D Limited; Respondent: A; Respondent: B; Respondent: C; Respondent: D; Respondent: E; Respondent: F
Jurisdiction
England and Wales
Judgment Date
28 July 2017
Procedural Posture
Criminal Appeal / Appeal Against Stay of Prosecution
Outcome
appeal allowed
Legal Topics
Abuse of Process, Private Prosecution, Fair Trial, Disclosure, Case Management
Criminal Law Procedure Abuse of Process Private Prosecution Fair Trial Disclosure Case Management

Case Brief

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Parties

D Limited

Applicant

A

Respondent

B

Respondent

C

Respondent

D

Respondent

E

Respondent

F

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay of Prosecution

Legal Issues

  1. 1 Whether the stay of prosecution was justified under limb one (fair trial impossible) or limb two (offends justice)
  2. 2 Whether conduct of applicant and solicitors irredeemably tainted the process
  3. 3 Whether disclosure failures or witness handling prevented a fair trial

Ratio Decidendi

The judge's findings of wilful suppression of evidence and irredeemable taint were not supported by the evidence; criticisms of conduct, disclosure, and witness handling did not render a fair trial impossible; the stay was granted in error of law and principle and was not a reasonable conclusion.

Court Disposition

appeal allowed

Orders

  • Judge's stay of prosecution reversed
  • Proceedings to be resumed before a different judge in Crown Court