Paul Greaney QC successfully argued an abuse of process in defending a private prosecution brought in respect of allegations of fraud by false representation and fraud by abuse of position, after the Judge brought proceedings in Leeds Crown Court to an end.
The case arose out of a business dispute brought by an ex-co-director who alleged misrepresentations concerning financial arrangements between the parties, misappropriation of funds, misuse of company assets, acting in conflict with the business, client poaching and the question of director duties.
The ruling highlighted concerns relating to the integrity of the private prosecutor, along with what was identified as an egregious motive for bringing the proceedings and improper conduct of the proceedings by the prosecutor. In doing so it demonstrated the importance of full and frank disclosure between a private prosecutor and its legal team being inherent to the fairness of the proceedings.
Paul Greaney QC was instructed by Rachel Wilson and Daniel Cundy from Blackfords