Landmark Judgment in Brett Wilson LLP case: fraud prosecution stayed
The ‘Operation Cotton’ prosecution brought by the Financial Conduct Authority (FCA) has been stayed by His Honour Judge Leonard QC at Southwark Crown Court as an abuse of process. The defendants were unable to secure representation by advocates for the trial which was fixed to commence on 28 April 2014. Brett Wilson LLP acts for the main defendant.
Alexander Cameron QC acted pro bono for Brett Wilson LLP's client and three of his co-defendants in making the application to stay. In making his ruling His Honour Judge Leonard QC said: “I am compelled to conclude that, to allow the State an adjournment to put right its failure to provide the necessary resources to permit a fair trial to take place now amounts to a violation of the process of this court”.
A copy of the judgment can be found at the below link:
Update (04.05.14): The FCA has indicated it will seek permission to appeal the decision of HHJ Leonard in the Court of Appeal.
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