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ARTICLE · 04 MARCH 2025

A Different Mr Bates – But Another Important Lesson For Private Prosecutions

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Whilst the saga of "Mr Bates v The Post Office" and the controversy regarding the abuse of private prosecutions continues to reverberate, the recent decision of The King...

United KingdomCriminal Law
Brian Spiro
Brian Spiro
Francis Bond
Francis Bond
James Reid
James Reid

Whilst the saga of "Mr Bates v The Post Office" and the controversy regarding the abuse of private prosecutions continues to reverberate, the recent decision of The King (on the application of Antony Bates) v Highbury Corner Magistrates' Court (District Judge Brennan) [2025] EWHC 184 (Admin) provides further salutary lessons. In quashing a summons for private prosecution, the High Court (HC) has provided an insight into some of the potential pitfalls of instigating such prosecutions and several helpful practice points for prosecutors and defendants alike.

Background

The summons was issued by Highbury Corner Magistrates' Court against the former Chief Financial Officer (AB) of Hibu plc (Hibu), who had been in post between 2010 and 2014, on the application of a former shareholder in Hibu (JW). In 2013, Hibu went into administration due to financial difficulties. In 2014, schemes of arrangement for Hibu's insolvency were approved in the HC Chancery Division.

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