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Sandesh Singh successfully resists application for summons in private prosecution of dentist

Sandesh represented a dentist who faced a potential private prosecution for fraud.

The applicant prosecutor was a former associate dentist engaged by the proposed defendant. He alleged that the proposed defendant was guilty of 11 offences of fraud in relation to NHS claims.

Sandesh successfully argued that the evidence produced by the applicant prosecutor was insufficient to establish a case to answer as there was no evidence of any dishonest intention to make a gain or cause a loss.

The Judge was also persuaded that, in any event, the application was an abuse of process, in that it was made for the improper purpose of gaining an advantage in relation to separate civil proceedings which had been decided against the applicant prosecutor.

The Judge therefore refused the application and made an order for costs in favour of the proposed defendant.

Sandesh was instructed by Bill Dunkerley of Pannone Corporate LLP.


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