Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 – Hardwicke Chambers

Posted December 14th, 2018 in accounts, fraud, news, stay of execution by sally

‘Gosvenor was contracted to perform cladding works for Aygun. The project fell into delay and disputes arose. A subsequent adjudication determined that Aygun owed Gosvenor the sum of £553,958. Gosvenor later applied for summary judgment to enforce the adjudication and Aygun resisted on the basis of fraud. According to Aygun, a substantial proportion of the adjudication award was based on fraudulent invoices which did not reflect the actual value of the work done.’

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Hardwicke Chambers, 7th December 2018

Source: hardwicke.co.uk

CA: Statute bills do not need to include disbursements – Litigation Futures

Posted November 30th, 2018 in accounts, news, solicitors by sally

‘A solicitor’s bill can be a statute bill without including both profit costs and disbursements, the Court of Appeal has ruled.’

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Litigation Futures, 28th November 2018

Source: www.litigationfutures.com

Criminal lawyer who lied in witness statement is struck off – Legal Futures

Posted September 3rd, 2018 in accounts, client accounts, disciplinary procedures, news, solicitors by sally

‘An experienced criminal law solicitor who broke the conditions on his practising certificate (PC) just days after they were imposed and then lied about it in a witness statement, has been struck off.’

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Legal Futures, 31st August 2018

Source: www.legalfutures.co.uk

Investigation of law firm accounts reports “tripled in two years”, impact report shows – Legal Futures

Posted May 14th, 2018 in accounts, law firms, news by sally

‘The number of qualified accountants’ reports due to rule breaches has fallen by two-thirds since the rules were changed in 2015, but the amount then being investigated for possible rule breaches has tripled, it has emerged.’

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Legal Futures, 11th May 2018

Source: www.legalfutures.co.uk

New limb (g) added to Wimbledon v Vago principles and fraud allegations merit stay – Practical Law: Construction Blog

Posted April 9th, 2018 in accounts, fraud, intimidation, news, stay of execution, witnesses by tracey

‘Last week, Fraser J handed down his judgment in Gosvenor London Ltd v Aygun UK Ltd, a case in which the defendant (Aygun) was seeking to resist payment of an adjudicator’s award of around £650,000 on the grounds that a substantial part of the award was allegedly derived from fraudulent invoicing of Aygun. In the alternative, Aygun sought a stay on the basis of fraud, alleged witness intimidation and, most importantly, the entirely unsatisfactory nature of the claimant’s (Gosvenor) statutory accounts for 2016/2017 and the unbelievable explanations given on its behalf as to the contents. This combination of factors led the court to conclude it was unlikely that Gosvenor would repay the adjudicator’s award, were it required to do so following a challenge to the adjudicator’s decision in subsequent TCC proceedings.’

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Practical Law: Construction Blog, 4th April 2018

Source: constructionblog.practicallaw.com

Tribunal berates “careless and disrespectful approach” of SRA and solicitors it was prosecuting – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has criticised both the Solicitors Regulation Authority and two former directors of a Preston law firm for their “careless and disrespectful approach” in applying for approval of an ‘agreed outcome’ only a day before their hearing.’

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Legal Futures, 29th November 2017

Source: www.legalfutures.co.uk

Interim statute bills must contain disbursements, court rules – Law Society’s Gazette

Posted November 3rd, 2017 in accounts, news, solicitors by tracey

‘The High Court has served notice to solicitors to submit complete invoices after it backed a ruling that a statute bill served by a law firm should contain details of disbursements.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Home Office launches inquiry into G4S finances – BBC News

Posted September 20th, 2017 in accounts, detention, immigration, inquiries, news, security companies by sally

‘Claims that G4S gave inaccurate financial information about the running of two immigration centres are being investigated, the Home Office has said.’

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BBC News, 19th September 2017

Source: www.bbc.co.uk

Privilege – Closing the Stable Door – Zenith PI Blog

Posted January 4th, 2017 in accounts, disclosure, negligence, news, privilege, solicitors by tracey

‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’

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Zenith PI blog, 3rd January 2017

Source: www.zenithpi.wordpress.com

Tribunal “appalled and dismayed” by SRA’s approach to prosecuting solicitor – Legal Futures

Posted May 6th, 2016 in accounts, disciplinary procedures, news, solicitors, tribunals by tracey

‘The Solicitors Disciplinary Tribunal (SDT) has slammed a prosecution by the Solicitors Regulation Authority (SRA) in the strongest terms, saying it was “appalled and dismayed” that the regulator had asked it to “rubber stamp” a deal which saw charges of dishonesty dropped at the last minute after the solicitor involved admitted lesser allegations.’

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Legal Futures, 6th May 2016

Source: www.legalfutures.co.uk

Forensic Accounting: Launch of a new, online course for pupils and new practitioners – Bar Standards Board

‘In 2015, the BSB authorised BPP Professional Education to deliver an online Forensic Accounting course to pupils and new practitioners following a review of the face-to-face two day mandatory course.’

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Bar Standards Board, 29th March 2016

Source: www.barstandardsboard.org.uk

SRA fines family lawyer for failing to record cash payments – Legal Futures

Posted March 29th, 2016 in accounts, fines, news, solicitors, Solicitors Regulation Authority by sally

‘A family lawyer who failed to record cash payments from clients has been fined £2,000 by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 29th March 2016

Source: www.legalfutures.co.uk

High Court awards Lord Chancellor £1m in battle with legal aid firm – Legal Futures

Posted February 19th, 2016 in accounts, law firms, legal aid, news by sally

‘The Lord Chancellor has been awarded almost £1m by the High Court in its battle with a legal aid firm over payments on account (POAs).’

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Legal Futures, 19th February 2016

Source: www.legalfutures.co.uk

SDT anonymity ruling “breached principle of open justice”, High Court rules – Legal Futures

A decision by the Solicitors Disciplinary Tribunal (SDT) to grant retrospective anonymity to a solicitor who had only been found guilty of a technical rule breach flouted the principle of open justice, the High Court has ruled.’

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Legal Futures, 18th January 2016

Source: www.legalfutures.co.uk

Collapse of Olympus fraud case fuels calls for UK law reforms – The Independent

Posted November 11th, 2015 in accounts, auditors, fraud, news, prosecutions, whistleblowers by sally

‘Legal experts have called for an overhaul of UK corporate laws to hold companies to account after the Serious Fraud Office (SFO) dropped its prosecution of Japanese optical giant Olympus Corporation.’

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The Independent, 11th November 2015

Source: www.independent.co.uk

Audit clauses – Radiohead caught between a rock and a hard place – Technology Law Update

Posted October 19th, 2015 in accounts, contracts, drafting, news, performing arts by sally

‘A recent unreported decision over a royalties and audit clause shows that the court’s interpretation will not necessarily harmonise with what the contract draftsman intended.’

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Technology Law Update, 16th October 2015

Source: www.technology-law-blog.co.uk

Tesco to be probed by Financial Conduct Authority – BBC News

Posted October 1st, 2014 in accountants, accounts, company directors, financial regulation, markets, news by tracey

‘Tesco says it has been notified by the Financial Conduct Authority (FCA) that it is under investigation following its admission last week that it overstated its half-year profit guidance by £250m.’

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BBC News, 1st October 2014

Source: www.bbc.co.uk

Proceedings concerning Texdata Software GmbH – WLR Daily

Posted October 1st, 2013 in accounts, EC law, freedom of establishment, law reports, penalties by sally

Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358

“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Olympus to be prosecuted by UK fraud agency – BBC News

Posted September 4th, 2013 in accounts, company directors, company law, fraud, guilty pleas, news, prosecutions, sentencing by sally

“Japanese camera and medical equipment maker Olympus and its UK subsidiary Gyrus Group will be prosecuted by the UK’s Serious Fraud Office.”

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BBC News, 4th September 2013

Source: www.bbc.co.uk

Date cross border group relief claim is made, not end of accounting period, will determine claim success, says Supreme Court – OUT-LAW.com

Posted May 24th, 2013 in accounts, EC law, HM Revenue & Customs, news, subsidiary companies, taxation by tracey

“The date when a claim for cross border group relief is made should form the basis of a decision about one of the tests for granting that relief under EU law and not the date of the end of the accounting period in which the claim was made, the Supreme Court has ruled.”

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OUT-LAW.com, 24th May 2013

Source: www.out-law.com