‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’
Local Government Lawyer, 19th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Last week, the Supreme Court handed down its decision in Singularis Holdings Ltd v. Daiwa Capital Markets Europe Ltd [2019] UKSC 50. That case got the attention that it did because of the tension with the result in Stone & Rolls Ltd v. Moore Stephens. Others have dealt with the detail of the decision in Singularis (including an excellent article by my colleague, Mark Cannon QC). I want to look more generally at the issues created by attribution in a corporate context, and how the courts in recent years have approached them.’
4 New Square, 6th November 2019
Source: www.4newsquare.com
‘In Barclays Bank plc v Quincecare Ltd [1992] 4 All ER, Steyn J held that it was an implied term of the contract between a bank and a customer that the bank would use reasonable care and skill in and about executing the customer’s order. This term would be breached if the bank executed the order knowing it to be dishonestly given, or shut its eyes to the obvious fact of the dishonesty, or acted recklessly in failing to make such enquiries as an honest and reasonable man would make. In order to comply with that term, the bank should refrain from executing a customer’s order if and for so long as it was put on inquiry by having reasonable grounds for believing that the order was an attempt to misappropriate funds.’
Forum Chambers, 19th November 2019
Source: www.forumchambers.com
‘A company boss who racially abused workers when they complained about not being paid has been jailed for defrauding staff out of almost £60,000.’
The Independent, 15th November 2019
Source: www.independent.co.uk
‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’
Legal Futures, 18th November 2019
Source: www.legalfutures.co.uk
‘Bank transfer scam victims risk being left unprotected from January after the industry failed to agree a plan to compensate people. More than £1m a day is being lost to scams in which people are duped into authorising a payment to an account controlled by a criminal. The failure to agree a protection plan may make it more likely that the next government will step in.’
The Guardian, 15th December 2019
Source: www.theguardian.com
‘In this latest Environmental Law News Update, William Upton QC and Mark Davies consider developments regarding the Environment Bill, leadership in the climate crisis and a case against Exxon Mobil in the US for improper forecasting of the cost of climate regulation to its business.’
Six Pump Court, 6th November 2019
Source: www.6pumpcourt.co.uk
‘There is a “Happy Halloween” present from the Supreme Court for commercial fraud claimant litigators. In the important case of Singularis Holdings Ltd (In Official Liquidation) -v- Daiwa Capital Markets Europe Ltd [2019] UKSC 50, handed down on 30 October 2019, the Supreme Court has upheld the existence of a bank’s Quincecare duty of care, even where the instructions which resulted in a claimant company being defrauded was given by that company’s sole director and controlling mind, and have also finally laying to rest the much criticised case of Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39; [2009] 1 AC 1391 that had been used to attribute the fraud of a director of a one-man company to the company itself.’
39 Essex Chambers, 31st October 2019
Source: www.39essex.com
‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’
Local Government Lawyer, 5th November 2019
Source: www.localgovernmentlawyer.co.uk
‘A woman who set up a fake law firm email address so as to provide a bogus reference to a real firm looking to employ her has been banned from working in the profession.’
Legal Futures, 4th November 2019
Source: www.legalfutures.co.uk
‘An implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries. This is known as the Quincecare duty of care, following the 1992 case of Barclays Bank plc v Quincecare Ltd.’
UKSC Blog, 30th October 2019
Source: ukscblog.com
‘Phillip Patterson provides a summary of recent corporate insolvency cases covering:
– Fraudulent trading;
– Misfeasance, transactions defrauding creditors and the duties of directors; and
– The out of court appointment of administrators.’
Hardwicke Chambers, 9th October 2019
Source: hardwicke.co.uk
‘The High Court has opted not to ban a solicitor caught up in a property scam, saying a finding of serious misconduct should not always result in such a penalty.’
Law Society's Gazette, 28th October 2019
Source: www.lawgazette.co.uk
‘A finding of serious misconduct against a solicitor does not require striking off or an immediate suspension from practice, the High Court has ruled.’
Legal Futures, 28th October 2019
Source: www.legalfutures.co.uk
‘A furniture shop owner has been jailed for 20 years for causing a “colossal” explosion which injured 81 people in an attempt to claim insurance.’
Daily Telegraph, 23rd October 2019
Source: www.telegraph.co.uk
‘An investigation into the rigging of Libor, the benchmark interest rate that tracks the cost of borrowing cash, has been unexpectedly closed.’
BBC News, 19th October 2019
Source: www.bbc.co.uk
‘Britain needs to take concerted action to reduce the risk of malicious actors in the UK and abroad from contaminating the results of a looming general election, according to a new study that warns of the risks of public “abuse and deception”.’
The Guardian, 16th October 2019
Source: www.theguardian.com
‘A furniture shop owner has been found guilty of deliberately causing an explosion that injured 81 people, in what was an “insurance job gone wrong”.’
BBC News, 14th October 2019
Source: www.bbc.co.uk
‘A judge who granted search warrants in the Met’s discredited VIP paedophile inquiry has agreed with a report that concluded he was “misled” by police.’
BBC News, 9th October 2019
Source: www.bbc.co.uk
‘Chapters 1 – 3 of Sir Richard Henriques’ Independent Review of the MPS’s handling of non-recent sexual offence investigations alleged against persons of public published following the conclusion of criminal proceedings against Carl Beech.’
Metropolitan Police, 4th October 2019
Source: www.met.police.uk
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