£5 million fraud trial stayed following abuse of process application

16th October 2026

Adam White, leading Emma Clarke, represented the second defendant in a substantial fraud prosecution at Derby Crown Court, in which the judge has stayed the indictment as an abuse of process.

The prosecution, brought by Derby City Council Trading Standards, concerned allegations of fraudulent trading and multiple counts of fraud by false representation arising from the operation of a used-car business. The alleged fraud was said to involve approximately £5 million.

Following a lengthy trial, the defence made a combined application to stay the proceedings on the basis that failures in the handling of documentary evidence seized during the investigation had made a fair trial impossible.

The Judge found that substantial quantities of business records had not been comprehensively recorded, copied or reviewed before being returned. The prosecution could no longer account for significant material, including records relating to vehicle repairs, expenditure and sales which were directly relevant to the allegations of dishonesty. The resulting prejudice to the defendants was substantial and could not be remedied. The Judge concluded that a fair trial was no longer possible and stayed the indictment as an abuse of process.

A number of individual counts against Adam and Emma’s client were also withdrawn on the basis that there was no case to answer.

Adam and Emma were instructed by Mark Jackson of MAA Solicitors.