On 19 April 2021, a district judge of the Westminster Magistrates’ Court issued a ruling quashing a summons which had been granted against our client for, allegedly, attempting to pervert the course of public justice. These allegations arose in the context of ongoing complex civil proceedings in the English High Court.

Following robust submissions made on behalf of our client, the Court agreed that the private prosecutor had failed to draw to its attention, events which were material to its consideration of the application for the summons and misled the Court and committed a clear breach of his duty of candour. The Court made clear in its ruling that had proper disclosure been made by the private prosecutor, the Court would have invited our client to make representations at the time of the application and, in any event, would have refused the application for a summons as being vexatious.

This is a significant decision where the vexatious private prosecution was brought against the backdrop of highly complex civil proceedings in the English High Court and various cross-border litigation on a global scale.

Partner Jasvinder Nakhwal and Associate Dominic Bullen acted on this case. Counsel instructed by Peters & Peters were Hugo Keith QC (Three Raymond Buildings) and Ben FitzGerald (QEB Hollis Whiteman).