Criminal law – Private prosecution. The Divisional Court, in dismissing the claimant's judicial review proceedings, held that the judge had been entitled to find that his application to instigate a private prosecution had constituted an 'improper act' and that he had had jurisdiction to go on to consider the quantum of costs. While respecting both the summary nature of the assessment conducted by the judge and the court's limited review jurisdiction, there was some small room for reducing the amount of costs awarded.