‘The Crown Prosecution Service (CPS) is standing by its decision to convict two carers of benefit fraud, despite the cases leading to a public outcry.’
BBC News, 8th May 2024
Source: www.bbc.co.uk
‘After receiving Royal Assent in October 2023 the Economic Crime and Corporate Transparency Act 2023 is moving forward with the recent publishing of the draft guidance required by section 204 of the Act, advising on the procedures that companies can put in place to prevent persons associated with them from committing fraud offences contrary to section 199.’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
‘Solicitors dealing with complex fraud, money-laundering and corruption cases are very well used to having clients who are particularly vexed about their assets being restrained by a law-enforcement agency at a without notice hearing, the application perhaps being made without a charging decision even being in sight. This article focuses on the reliance, arguably the over-reliance by investigators and prosecutors, of complex financial arrangements uncovered by the financial investigators which are then labelled as, e.g. a ‘complex web’, ‘designed to obfuscate’ or to keep the world in the dark about true beneficial ownership etc. In a challenge to the Restraint Order are these complex arrangements a difficult hurdle to clear for defenders?’
Doughty Street Chambers, 22nd April 2024
Source: insights.doughtystreet.co.uk
‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’
12 King's Bench Walk Costs Litigation Blog, 19th April 2024
Source: costsandlitigationfunding.com
‘The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.’
Gatehouse Chambers, 12th April 2024
Source: gatehouselaw.co.uk
‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’
Guildhall Chambers, 11th March 2024
Source: www.guildhallchambers.co.uk
‘A solicitor who used a client’s £132,000 divorce settlement to pay off her tax bill and give money to her daughter has been handed a suspended prison sentence.’
Legal Futures, 22nd April 2024
Source: www.legalfutures.co.uk
‘The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). Elisabeth Laing, Phillips and Males LJJ held that the Upper Tribunal had not failed to consider all the relevant circumstances when reaching its decision under section 117C(6) of Part 5A of the Nationality, Immigration and Asylum Act 2002 and they dismissed Mrs Akhtar’s appeal. Judges Mandalia and Hanson had not erroneously concluded that a foreign criminal had failed to meet the statutory exceptions in section 117C(6) when deciding her rights under article 8 of the ECHR did not outweigh the public interest in her deportation. Mrs Akhtar and her husband (“H”) were both convicted criminal offences on 21 April 2016 and they were duly sentenced, respectively, to a total of 4 years and three months’ imprisonment and to 14 years’ imprisonment (reduced to 11 on appeal) for their roles in a substantial and long-running mortgage fraud. Mrs Akhtar was convicted of the offences of cheating the public revenue between 1 January 2004 and 26 September 2012, entering into an arrangement to facilitate the acquisition, retention, use or control of criminal property and two counts of conspiracy to obtain a money transfer by deception. She was sentenced, respectively, to 30 months’ imprisonment, 30 months’ imprisonment, concurrent and also 21 months’ imprisonment, consecutive, and 21 months’ imprisonment, concurrent. Mrs Akhtar, who entered the UK as a fiancée in 1985, complained that the UT did not take her long residence into account in considering section 117C(6).’
EIN Blog, 22nd April 2024
Source: www.ein.org.uk
‘A post office operator who was wrongly prosecuted while pregnant has rejected a Post Office executive’s apology for having sent an email celebrating her conviction as “brilliant news”.’
The Guardian, 11th April 2024
Source: www.theguardian.com
‘George Henderson was convicted of fraud and had to repay £19,500 in carer’s allowance years after ticking the wrong box on the form. He is not alone. The Guardian society editor, Patrick Butler, looks at why thousands are facing prosecution over innocent mistakes.’
The Guardian, 12th April 2024
Source: www.theguardian.com
‘A carer who says he was “dragged through the courts” and had to sell his home to pay back almost £20,000 in benefit overpayments is fighting to clear his name after the Department for Work and Pensions (DWP) acknowledged he made an innocent mistake.’
The Guardian, 12th April 2024
Source: www.theguardian.com
‘Paul Newman KC looks at some recent Ombudsman decisions on pensions scams, which illustrate the difficulties for complainants to establish due diligence failures by the administrators of transferring schemes.’
Pensions Barrister, 11th April 2024
Source: www.pensionsbarrister.com
‘Five members of an organised gang have been convicted of what has been described by the Crown Prosecution Service (CPS) as the largest case of benefit fraud in England and Wales.’
BBC News, 10th April 2024
Source: www.bbc.co.uk
‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’
Law Society's Gazette, 28th March 2024
Source: www.lawgazette.co.uk
‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’
Law Society's Gazette, 27th March 2024
Source: www.lawgazette.co.uk
‘An IT worker and double murderer who befriended a married couple before poisoning them with fentanyl has been jailed for life.’
The Independent, 23rd March 2024
Source: www.independent.co.uk
‘Changes to a number of sentencing guidelines have been published by the Sentencing Council following a consultation on miscellaneous amendments. The changes, which will come into effect on 1 April 2024, include amendments to the manslaughter guidelines made in response to recommendations in the Domestic Homicide Sentencing Review and the introduction of a new, dedicated mitigating factor providing guidance for courts on sentencing pregnant offenders and new mothers.’
Sentencing Council, 18th March 2024
Source: www.sentencingcouncil.org.uk
‘Dispute Resolution analysis: All lawyers know the principle and no doubt regularly rely on legal professional privilege (“LLP”) being a corner stone of the English legal system. However, LLP is not apposite to protect against participation (active or passive) in the commission of fraud. This principle has somewhat inelegantly been described as the “iniquity exception”: – inelegant because it is not an exception (strictly speaking) and rather than applying to iniquity it is applicable in all species of fraud, spanning both criminal and civil jurisdictions.’
Gatehouse Chambers, 4th February 2024
Source: gatehouselaw.co.uk
‘The Post Office (Horizon system) offences bill, published on Wednesday, will quash the convictions of people resulting from the scandal, which involved hundreds being wrongly prosecuted on the basis of a faulty IT system. Here the Guardian explains the thinking behind the bill and why it is controversial.’
The Guardian, 13th March 2024
Source: www.theguardian.com
‘A new law will be introduced on Wednesday to clear the names of the hundreds of sub-postmasters wrongly convicted in the Post Office scandal.’
BBC News, 13th March 2024
Source: www.bbc.co.uk
© Inner Temple Library 2024