Category: fraud

When is an expert not an expert? – 2 Hare Court

Posted February 11th, 2021 in chambers articles, expert witnesses, fraud, news by sally

‘Angus Bunyan reviews this week’s judgment in Byrne and others concerning the safety of a number of fraud convictions which relied on the evidence of a now discredited expert witness. Angus was prosecution trial counsel in one of the cases (leading Julia Faure Walker) and appeared for the Respondent on appeal. Narita Bahra QC was defence counsel in Sulley and others and appeared for two of the Appellants on appeal.’

Full Story

2 Hare Court, 4th February 2021

Source: www.2harecourt.com

Romance fraud on rise in coronavirus lockdown – BBC News

Posted February 10th, 2021 in coronavirus, fraud, identity fraud, internet, money laundering, news, statistics by sally

‘Romance fraud – scamming someone out of money by pretending to want a relationship – has been on the rise during lockdown.’

Full Story

BBC News, 10th February 2021

Source: www.bbc.co.uk

Certainly Uncertain: the future of prosecutions in relation to Coronavirus Support Payments – Carmelite Chambers

Posted February 2nd, 2021 in coronavirus, fraud, loans, news, prosecutions by sally

‘William England and Mark Watson consider the widely reported instances of fraud in relation to the government’s coronavirus support schemes and the implications for prosecutions.’

Full Story

Carmelite Chambers, 28th January 2021

Source: www.carmelitechambers.co.uk

Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal advice, legal services, limitations, news, privilege by tracey

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

Full Story

Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

Posted January 13th, 2021 in abuse of process, deceit, disciplinary procedures, fees, fraud, news, private prosecutions, professional conduct, solicitors by sally

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

Full Story

Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

Posted December 11th, 2020 in appeals, construction industry, contracts, disclosure, dispute resolution, enforcement, fraud, news by tracey

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

Full Story

Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

Deportation and family rights – UK Human Rights Blog

Posted December 11th, 2020 in children, criminal justice, deportation, families, fraud, government departments, human rights, immigration, news by tracey

‘The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights. The applicant in Unuane v United Kingdom successfully argued that his removal from the UK was a disproportionate interference with family life because it separated him from his children. Though finding for the applicant, the Court rejected his attack on the compatibility of the Immigration Rules – an issue that as recently as 2016 the Supreme Court had authoritatively settled. The decision is of interest for the Court’s approach to the necessary balancing exercise to be carried out in the sensitive area of human rights challenges to the deportation of foreign criminals.’

Full Story

UK Human Rights Blog, 10th December 2020

Source: ukhumanrightsblog.com

Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

Full Story

Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square

Posted December 4th, 2020 in chambers articles, constitutional law, elections, fraud, injunctions, judicial review, news by sally

‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’

Full Story

4-5 Gray's Inn Square, 2nd December 2020

Source: www.4-5.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

Posted November 25th, 2020 in appeals, compensation, confiscation, costs, fraud, jurisdiction, news, podcasts, private prosecutions by sally

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

Full Story

CrimeCast.Law, 24th November 2020

Source: crimecast.law

Robustness of software – Digital Evidence and Electronic Signature Law Review

Posted November 18th, 2020 in computer programs, employment, fraud, interpretation, news, postal service by sally

‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’

Full Story

Digital Evidence and Electronic Signature Law Review, June 2020

Source: journals.sas.ac.uk

High Court overturns “flawed” SDT decision to clear solicitor – Legal Futures

Posted November 17th, 2020 in costs, fraud, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’

Full Story

Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Solicitors oppose move to digital signatures for LPAs – Legal Futures

Posted November 16th, 2020 in electronic filing, fraud, news, powers of attorney, solicitors, statistics by sally

‘The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.’

Full Story

Legal Futures, 16th November 2020

Source: www.legalfutures.co.uk

FCA pursues Gavin Woodhouse’s ex-business partner in high court – The Guardian

Posted November 13th, 2020 in administrators, care homes, financial services ombudsman, fraud, news, Serious Fraud Office by tracey

‘The former business partner of the disgraced entrepreneur Gavin Woodhouse is being pursued by the Financial Conduct Authority in the high court over alleged links to care home investments in which investors appear to “have lost at least £30m”.’

Full Story

The Guardian, 12th November 2020

Source: www.theguardian.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

Full Story

Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Cryptoassets – Obtaining English Freezing and Proprietary Injunctions in Relation to Cyberfraud – Littleton Chambers

Posted November 10th, 2020 in computer crime, conflict of laws, cryptocurrencies, fraud, freezing injunctions, injunctions, news, theft by sally

‘The theft and misappropriation of cryptoassets, typically Bitcoin, Ethereum and other virtual cryptocurrencies, by fraudsters is becoming increasingly common, and thus the subject-matter of civil fraud litigation. This article considers how parties can obtain the “nuclear weapon” of the worldwide proprietary or freezing order against cryptoassets.’

Full Story

Littleton Chambers, 13th October 2020

Source: littletonchambers.com

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

Full Story

Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Insurer fails in aggregation argument over partner’s multi-million pound thefts – Legal Futures

Posted November 4th, 2020 in case management, fraud, indemnities, insurance, law firms, news, solicitors, Solicitors Regulation Authority, theft by tracey

‘The High Court has refused to aggregate as one claim various actions a Yorkshire law firm’s indemnity insurer is facing because of a multi-million pound fraud run by one of its partners.’

Full Story

Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

Posted October 28th, 2020 in appeals, chambers articles, compensation, doctors, fraud, insurance, news, personal injuries, police, wrongful arrest by sally

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

Full Story

UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Leicester garment factory bosses banned from running businesses for more than 400 years – The Guardian

Posted September 4th, 2020 in company directors, fraud, HM Revenue & Customs, insolvency, news, taxation by sally

‘Directors of clothing manufacturers in Leicester have been struck off for a combined total of more than 400 years in cases costing HMRC millions, data shared with the Guardian reveals.’

Full Story

The Guardian, 3rd September 2020

Source: www.theguardian.com