Peters & Peters

Court dismisses vexatious fraud case, client awarded full costs

In December 2024, Westminster Magistrates’ Court ruled that a summons application submitted against our client was vexatious and unfounded. Last week, the private prosecutor agreed to pay our client’s costs in full.

 

The private prosecutor, a wealthy professional, attempted to summons our client, his former romantic partner, for two charges of fraud by misrepresentation involving a six-figure sum. The application was drafted by a KC instructed by a leading City firm. Following a detailed analysis of the evidence and caselaw, Peters & Peters submitted representations that the application should be refused, arguing that the essential ingredients of the alleged offences were not satisfied and, in any event, the summons was vexatious and oppressive. Peters & Peters asked for the application to be dismissed without a hearing and for the private prosecutor to pay our client’s costs.

 

In a written judgment, the court agreed with all of our submissions, finding both that the essential ingredients of the offences were absent and that the application was vexatious and should never have been made. Following the judgment, the prosecutor agreed to settle our full costs out of court rather than contest a costs order application.

 

We are delighted to have secured this result for our client, seeing off a baseless threat of criminal charges and recovering her costs in full.   

 

Nick Vamos and Josephina Kern advised the client, drafted the submissions and negotiated the costs settlement.