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Regina v Steidl and Baxendale-Walker; 27 Jun 2002

References: Unreported, 27 June 2002
Coram: Judge Wadsworth QC
(Southwark Crown Court) The case was a prosecution for serious fraud. In civil proceedings, despite evidence to suggest a powerful case for dishonesty, a High Court judge had concluded that the claimant had failed to establish that the defendant, Baxendale-Walker, was acting dishonestly, or intentionally ‘driving what he knew to be a dishonest transaction’.
Held: There was a concern about the effect of conflicting decisions of the High Court and a crminal court. The prosecution should be stayed on the grounds that it was ‘against the public interest that the criminal case should proceed . . in that the necessary effect of such a proceeding would be to re-litigate the issue with a view to achieving a result on the facts inconsistent with the findings of fact already made in a final judgment of the High Court’.
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