Ewing, R (on the application of) v Davis

Ewing, R (on the application of) v Davis

A private prosecutor does not need to demonstrate public interest or locus standi to prosecute offences under a public general act unless the statute restricts this right; the District Judge's ruling was incorrect.

Parties
Claimant: Terence Patrick Ewing; Defendant: Kenneth George Davis
Jurisdiction
England and Wales
Judgment Date
02 July 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal by Way of Case Stated
Outcome
appeal allowed
Legal Topics
Private Prosecution, Locus Standi, Public Interest, Costs
Criminal Law Procedure Private Prosecution Locus Standi Public Interest Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Terence Patrick Ewing

Claimant

Kenneth George Davis

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether a private prosecutor who is a third party must demonstrate public interest and benefit to prosecute offences under a public general act
  2. 2 Whether the District Judge was correct in ruling that the informations were invalid due to lack of locus standi

Ratio Decidendi

A private prosecutor does not need to demonstrate public interest or locus standi to prosecute offences under a public general act unless the statute restricts this right; the District Judge's ruling was incorrect.

Court Disposition

appeal allowed

Orders

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