IMS Law

Iain MacDonald Solicitors successful

in the House of Lords

It is nearly three years since Iain MacDonald Solicitors represented their client in the landmark case of Jones v Whalley [2006} UKHL 41 which was heard on appeal before the House of Lords on the 26th of July 2006.

The objective of those bringing a Criminal Prosecution is punishment and the individuals access to such justice is normally championed by the state in the form of the Crown Prosecution Service.  If an individual seeks monetary compensation as the victim of a criminal act he or she may also seek recourse through the Civil Courts in an individual capacity.

In certain circumstances where the state has failed to prosecute, the private individual that is the victim may wish to bring a private criminal Prosecution seeking punishment of the offender as a remedy rather than compensation and this was such a case.

Iain travelled to the house of lords with Tim King QC now High Court Judge.

This case began life when our client was arrested for assault, cautioned and subsequently faced private prosecution before the St Helens Magistrates Court.

In the lower Court, Iain successfully argued that to bring a private prosecution following the administering of a caution was an abuse of process.

Lawyers for the complainant were successful on appeal requesting that the lower court state their case.  The decision of the lower court was quashed.

Leave to appeal to the House of Lords was granted and the verdict of this court, the highest court of the land overturned that of the Court of Appeal.

The full transcript of the case can be found at:

http;//www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd060726/whall-1.htm

This case is of fundamental importance in English Law because it set precedent concerning the right of an individual to bring private criminal prosecution where the state had failed to do so.

These are rights that date back to the seventh century.

During this period criminal prosecutions were almost entirely private.

Gradually over the centuries as the state evolved into a sophisticated more objective apparatus Parliament has sought to limit the right of the indivual to bring private prosecutions.

Whitehouse v.Lemon (1977) was the last successful blasphemy prosecution in the United Kingdom.

Since then a raft of cases have curtailed the individuals rights.

This case is of such importance it has now concerned the minds of leading accademics of contitutional law.  For further commentary click on the following link;

http;//www.francisbennion.com/2006/039.htm

Iain MacDonald Solicitors are extremely proud to have successfully represented our client in such an historical and landmark case.

This is still good case law