Our services

  • Robert Brown is recognised for his first-rate work in the field.

    Who’s Who Legal: Investigations 2018

  • "They are realistic and have their clients' best interests at heart. They are very committed to the work they do and also rigorous."

    Chambers UK 2018

  • Founding partner Peter Binning, our reigning Business Crime Lawyer of the Year, is celebrated among peers and clients alike, who take note of his “immense experience” and “impeccable judgement”.

    Who’s Who Legal 2016

  • [Robert Brown is] a Rolls-Royce solicitor, providing Rolls-Royce services.

    Spear’s 500

  • Corker Binning’s ‘top niche practice’ is praised as being ‘on a different level’. David Corker ‘has the skill and tact to deal with difficult negotiations’, and Peter Binning is an ‘outstanding tactician’ with ‘excellent client skills and judgement’. ‘Rising star’ Andrew Smith represented a former company director in relation to Operation Tabernula. Robert Brown is also recommended, for his ‘wealth of experience’.

    Legal 500 2015

  • "He takes a client-focused approach" and is "exceptionally personable"

    Chambers UK 2018

  • Jessica is described as "the complete package: bright, decisive and responsive.”

    Who’s Who Legal: Investigations 2017

  • Peter Binning is highlighted in Chambers HNW 2016, who is recommended as: "He has exceptional judgement, particularly when defending individuals in big cases. He's an expert tactician and is very easy to work with."

    Chambers HNW 2016

Private prosecutions

The right of any individual or entity to bring a criminal prosecution is regarded by UK law as a constitutional safeguard against the failure or refusal of a State prosecutor to prosecute an offender. For the majority of offences, no permission from the CPS or equivalent is needed and so the first step is usually an application to a magistrates’ court to issue a summons or warrant which, if granted, begins the proceedings culminating in a trial either in the magistrate’s court, or in an appropriate case before a jury in the crown court.

Private prosecutions are increasing and are sometimes regarded as a more effective means of accessing justice than a claim brought in the civil courts. Anyone who believes for instance that the police failed to properly investigate their complaint or the CPS lawyer decided not to prosecute for irrational reasons has the ability to bring justice to the wrongdoer and have their allegation heard by a court. If ultimately the wrongdoer is convicted, like any criminal they stand to be punished which can include imprisonment. On the back of a conviction, ancillary financial orders can ensue such as compensation for the victim. A successful private prosecution of one accused can therefore send a strong signal and deter others or prevent a repetition of the same behaviour.

A private prosecution can be used in conjunction with a civil claim. We work alongside civil litigators to ensure that the most effective process is given precedence at the appropriate time.

If the wrongdoer is outside the UK, that impediment to their prosecution can still be overcome. Their impunity can be attacked first by commencing the prosecution here and second, persuading the CPS to seek their extradition back to the UK to facilitate the trial. The CPS may be willing to so assist in an appropriate case.

Prosecuting is and should be a serious business not to be embarked upon for vengeful or frivolous reasons. The Lord Chief Justice demands high standards from any prosecutor, beginning with gathering evidence fairly in accordance with recognised standards, selecting the most appropriate charge through to presenting the case in court, and complying with the important duty of a prosecutor to ensure that disclosure rules are observed.

Amongst our team we have an ex-Met officer and CPS/SFO prosecutor. If you believe you are a victim of crime we will ensure that you will receive the best advice. We will either seek to persuade the police and CPS to use their powers on your behalf by presenting the evidence in a concise yet persuasive way; or we will provide you with the confidence and sure-footedness to launch your own prosecution which would result in the accused having to answer to it in court.

Alternatively, if you find yourself being proceeded against by a private prosecutor, we are able to rely on our expertise in criminal proceedings to explore all lines of defence. It is important when defending a private prosecution to focus on the aspects of the case which are likely to be particularly vulnerable to attack and which may not be present in a prosecution by the State. For example, can you persuade the Magistrate Court not to issue the summons at an inter partes hearing? Can you persuade the Crown Prosecution Service to discontinue the prosecution because the evidence is insufficient? Is the prosecutor acting in a malicious or vexatious manner, or seeking to use the private prosecutions to gain a collateral advantage in related proceedings? Could the Court be persuaded to stay the prosecution as an abuse of process? Is the private prosecutor complying with their disclosure obligations? All of these questions need to be considered carefully in resolving how best to undermine a private prosecution and, if possible, bring it to an end before trial.

More

For more information on how we can help you, please call us on 020 7353 6000.

Named as key individuals in the field of Crime by Chambers UK 2018:

chambers-2017
Top_tier_firms

Robert Brown – Star Individual

Jessica Parker – Band 4

  • Corker Binning is ranked in Band 1 of recommended firms for Crime by  Chambers 2018.
  • Corker Binning is ranked as a first tier firm for Crime by The Legal 500 2017 and Robert Brown is named as a leading individual for Crime.

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