Ewing, R (on the application of) v Davis [2007] EWHC 1730 (Admin) (02 July 2007)

Ewing, R (on the application of) v Davis [2007] EWHC 1730 (Admin) (02 July 2007)

A private individual, even if not the aggrieved party, has standing to institute a private prosecution for offences under a public general act without needing to demonstrate a specific public interest or benefit beyond the nature of the offence. The District Judge erred in requiring Mr Ewing to show locus standi or public interest beyond the statutory offence.

Citation
[2007] EWHC 1730 (Admin)
Parties
Claimant: Terence Patrick Ewing; Defendant: Kenneth George Davis
Jurisdiction
England and Wales
Judgment Date
02 July 2007
Procedural Posture
Judicial Review / Appeal by Way of Case Stated (criminal Procedural Law) / Appeal From Magistrates' Court to High Court (administrative Court)
Outcome
Appeal allowed
Legal Topics
Private Prosecution, Locus Standi, Public Interest in Prosecution, Costs in Criminal Proceedings
Criminal Law Criminal Procedure Private Prosecution Locus Standi Public Interest in Prosecution Costs in Criminal Proceedings

Case Brief

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Parties

Terence Patrick Ewing

Claimant

Kenneth George Davis

Defendant

Procedural Posture

Judicial Review / Appeal by Way of Case Stated (criminal Procedural Law) / Appeal From Magistrates' Court to High Court (administrative Court)

Legal Issues

  1. 1 Whether a private individual, not the aggrieved party, has locus standi to institute a private prosecution for offences under a public general act
  2. 2 Whether a private prosecutor must demonstrate a public interest and benefit beyond a purely private interest to have standing

Ratio Decidendi

A private individual, even if not the aggrieved party, has standing to institute a private prosecution for offences under a public general act without needing to demonstrate a specific public interest or benefit beyond the nature of the offence. The District Judge erred in requiring Mr Ewing to show locus standi or public interest beyond the statutory offence.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the District Judge for continuation of the hearing
  • Order for costs below quashed