‘The current regime of confiscation orders is failing to deprive criminals of the proceeds of their crimes. The Law Commission of England and Wales must seize the opportunity to reform the law in this area as part of its 13th programme of law reform.’
OUT-LAW.com, 8th November 2016
Source: www.out-law.com
‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’
Park Square Barristers, 2nd November 2016
Source: www.parksquarebarristers.co.uk
‘A former military clerk who lied about having cancer to swindle victims out of money and services worth more than £7,500 has been jailed for 16 months.’
BBC News, 7th November 2016
Source: www.bbc.co.uk
‘A man who conned Premier League footballers and the former England manager Sam Allardyce out of thousands of pounds has been convicted of fraud.’
The Guardian, 31st October 2016
Source: www.guardian.co.uk
Kazakhstan Kagazy plc and others v Zhunus and others [2016] EWCA Civ 1036
‘The claimants were a group of companies. The first and second defendants had been, respectively, the chairman of the board and the chief executive officer of the first and second claimants. The third defendant had been the finance director of the second claimant. The claimants issued proceedings alleging, inter alia, that the defendants had dishonestly caused the claimant companies to enter into transactions in which large sums of money were paid to entities owned or controlled by the defendants and which had caused the claimants to incur substantial financial losses. All three defendants served defences denying fraud and dishonesty or that they had personally benefitted from the transactions. Subsequently, the first defendant reached a settlement of the claim against him with the claimants. The second and third defendants applied for permission pursuant to CPR r 20.6(2)(b) to bring a contribution claim against the first defendant, no such claim having been filed and served when they served their defence. The second defendant further sought a worldwide freezing order against the first defendant. The judge refused the applications, holding that (i) the claim for contribution was bound to fail because the draft contribution notice sought to be relied upon by the second and third defendants did not advance a case of actual fraud or wrongdoing by the first defendant and, following the their settlement agreement with the first defendant, no such case was being advanced by the claimants which the second and third defendants could adopt as an alternative to their primary position that they had acted honestly; and (ii) the court could only grant a freezing injunction once the applicant had an accrued cause of action, which, in the context of a claim for contribution, was once the contribution notice had been filed and served under CPR r 20.6(2).’
WLR Daily, 26th October 2016
Source: www.iclr.co.uk
‘An ex-solicitor has been found guilty and jailed for five years for five counts of fraud by false representation – his second spell in jail for fraud after he previously stole from his firm’s client account’
Legal Future, 21st October 2016
Source: www.legalfutures.co.uk
‘Eleven people have been jailed after they were found guilty of facilitating and participating in sham marriages between European Economic Area (EEA) nationals and non-EEA nationals.’
Crown Prosecution Service, 24th October 2016
Source: www.cps.gov.uk
‘Soma are investing heavily ($40m spent on seismic work) in looking at oil and gas extraction in Somalia, so it was a bit of a set-back, to say the least, when their “capacity-building” efforts – funding infrastructure in the relevant Ministry – were alleged to fall under the Bribery Act 2010, and this led to a fraud investigation by the UK SFO. The investigations, as investigations do, dragged on, and Soma brought these, somewhat ambitious, proceedings to get an order telling the SFO to stop them.’
UK Human Rights Blog, 13th October 2016
Source: www.ukhumanrightsblog.com
‘Justice secretary Liz Truss has shelved plans for a major overhaul of the personal injury sector, the Gazette has learned.’
Law Society’s Gazette, 13th October 2016
Source: www.lawgazette.co.uk
‘A conman who was found to be selling washing powder as cocaine has ended up in court for fraud.’
Daily Telegraph, 4th October 2016
Source: www.telegraph.co.uk
‘William Davenport, 60, who claimed to earn almost half a million pounds a year as a computer executive, promised to spend whatever it took to preserve Windlestone Hall near Bishop Auckland in County Durham for future generations. But rather than being a jet-setting business mogul with millions in the bank, Davenport, was in fact a penniless conman, who span an elaborate web of deceit in order to build up a mind boggling property portfolio.’
Daily Telegraph, 28th September 2016
Source: www.telegraph.co.uk
‘The Serious Fraud Office has stepped up its inquiries into the collapse of BHS and the conduct of the department store chain’s former owner Dominic Chappell.’
The Guardian, 28th September 2016
Source: www.guardian.co.uk
‘Three men have appeared in court over allegations they passed horsemeat off as beef.’
The Independent, 27th September 2016
Source: www.independent.co.uk
‘Earlier this month the Scottish government set out its plans to introduce legislation emulating the funding arrangements which have now been in place south of the border for some time. The Expenses and Funding of Civil Litigation Bill, expected to be introduced next year, will permit DBAs to be enforceable by solicitors and will introduce a regime of QOCS, now three years old, countrywide. Though there are few details on how QOCS will work in practice, it is reasonable to expect that the exceptions in the current system will apply equally to the new regime.’
Zenith PI Blog, 23rd September 2016
Source: www.zenithpi.wordpress.com
‘The head of a fraud ring has been sentenced to 11 years in prison for his part in a £113m scam, which funded purchases including a fleet of customised Porsches and shopping sprees at Harrods.’
The Guardian, 21st September 2016
Source: www.guardian.co.uk
‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’
Zenith PI, 15th September 2016
Source: www.zenithpi.wordpress.com
‘A “profoundly dishonest and utterly incompetent” unregistered dentist has been jailed for bungling operations and causing permanent harm to some of his patients.’
The Guardian, 18th September 2016
Source: www.guardian.co.uk
‘A children’s dance teacher who invented a dying nine-year-old girl and pretended to raise cash to help her complete her bucket list has been spared jail.’
Daily Telegraph, 14th September 2016
Source: www.telegraph.co.uk
‘Company bosses could be prosecuted for failing to stop their staff committing fraud under new laws being considered by ministers.’
BBC News, 12th September 2016
Source: www.bbc.co.uk
‘A privately educated musician was among a group of “homeless” conmen who fleeced a retired businesswoman out of up to £80,000.’
Daily Telegraph, 1st September 2016
Source: www.telegraph.co.uk
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