Woman who spent £16m in Harrods says court order is ‘intrusive’ – The Guardian

Posted December 13th, 2019 in appeals, disclosure, extradition, families, fraud, married persons, news, proceeds of crime by sally

‘A woman who spent £16m at Harrods has launched a legal challenge to try to overturn the UK’s first unexplained wealth order (UWO) that would force her to reveal the source of her fortune.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Judge orders wife and mother-in-law to pay £12m costs bill – Litigation Futures

Posted December 4th, 2019 in costs, fraud, news, third parties by tracey

‘The High Court has ordered the wife and mother-in-law of a Kazakh businessman, the subject of a “very substantial fraud claim”, to pay the claimants’ costs bill of over £12m.’

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Litigation Futures, 3rd December 2019

Source: www.litigationfutures.com

Pakistani tycoon agrees to hand over £190m to UK authorities – The Guardian

Posted December 4th, 2019 in bribery, corruption, fraud, news, proceeds of crime by tracey

‘More than £190m of assets, including a £50m mansion overlooking Hyde Park in London, have been seized from a Pakistani property tycoon after a settlement in a UK police “dirty money” investigation.’

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The Guardian, 3rd December 2019

Source: www.theguardian.com

Harvey Proctor: Former Tory MP wins £500k payout from police over Westminster child abuse probe – The Independent

‘Former MP Harvey Proctor is to receive £500,000 in compensation from Scotland Yard over its disastrous investigation into false claims of a VIP paedophile ring.’

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The Independent, 29th November 2019

Source: www.independent.co.uk

A ‘Law Check’ of Conservative Party HQ’s Fake Twitter ‘Fact Check’ – Church Court Chambers

Posted November 28th, 2019 in elections, fraud, internet, misrepresentation, news, political parties by sally

‘For even the most dyed in the wool Conservative voter, Conservative Central Headquarters’ decision to rename their twitter account as factcheckUK during Monday night’s leadership debates would have appeared unedifying. This conduct, which has the clear potential to mislead the public, goes beyond party lines and drifts into tactics that no one would properly describe as fair or opaque. Indeed, it is tactic one would expect to be utilised by one of the worlds autocratic regimes rather than by a major party in a democracy like the United Kingdom.’

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Church Court Chambers, November 2019

Source: churchcourtchambers.co.uk

Local authorities detect 22% more council tax fraud cases in last year, CIPFA research finds – Local Government Lawyer

Posted November 20th, 2019 in council tax, fraud, local government, news, statistics by sally

‘Local authorities in the UK have detected 22% more cases of council tax fraud compared to last year, research by CIPFA has found.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Whose knowledge counts? Singularis v. Daiwa and Attribution – 4 New Square

Posted November 20th, 2019 in agency, company directors, company law, duty of care, fraud, news, Supreme Court by sally

‘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.’

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4 New Square, 6th November 2019

Source: www.4newsquare.com

Push Payment Fraud: Singularis v Daiwa – Case Analysis – Forum Chambers

Posted November 19th, 2019 in banking, contracts, fiduciary duty, fraud, news by sally

‘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.’

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Forum Chambers, 19th November 2019

Source: www.forumchambers.com

Boss jailed after racially abusing and defrauding security guard staff – The Independent

‘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.’

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The Independent, 15th November 2019

Source: www.independent.co.uk

Solicitor and ex-councillor jailed for housing fraud – Legal Futures

Posted November 18th, 2019 in disclosure, fraud, housing, local government, news, sentencing, solicitors by sally

‘A solicitor and former East London councillor was jailed for 16 months after pleading guilty to two counts of housing fraud.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Victims of bank transfer scams risk being left unprotected – The Guardian

Posted November 15th, 2019 in banking, codes of practice, compensation, fraud, news, victims by tracey

‘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.’

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The Guardian, 15th December 2019

Source: www.theguardian.com

Environmental Law News Update – Six Pump Court

Posted November 7th, 2019 in bills, climate change, energy, environmental protection, fraud, news by sally

‘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.’

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Six Pump Court, 6th November 2019

Source: www.6pumpcourt.co.uk

Singularis Holdings in the Supreme Court: The Quincecare Duty of Care is Alive and Well, While the Case of Stone & Rolls Ltd is Finally Laid to Rest – 39 Essex Chambers

Posted November 7th, 2019 in appeals, banking, duty of care, fraud, news, Supreme Court by sally

‘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.’

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39 Essex Chambers, 31st October 2019

Source: www.39essex.com

Greater Manchester woman given suspended jail sentence over attempted £37k Right to Buy fraud – Local Government Lawyer

Posted November 6th, 2019 in fraud, housing, local government, news, right to buy, sentencing, suspended sentences by sally

‘A woman from Greater Manchester who made a fraudulent Right to Buy application has been given a suspended jail sentence.’

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Local Government Lawyer, 5th November 2019

Source: www.localgovernmentlawyer.co.uk

Woman faked email reference to get law firm job – Legal Futures

‘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.’

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Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

New Judgment: Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 – UKSC Blog

Posted October 31st, 2019 in banking, duty of care, fraud, illegality, news by sally

‘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.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

A Summary Of Recent Corporate Insolvency Cases – Hardwicke Chambers

‘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.’

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Hardwicke Chambers, 9th October 2019

Source: hardwicke.co.uk

Serious misconduct is not always a banning offence, High Court rules – Law Society’s Gazette

Posted October 29th, 2019 in disciplinary procedures, fraud, news, sanctions, solicitors by tracey

‘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.’

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Law Society's Gazette, 28th October 2019

Source: www.lawgazette.co.uk

Serious misconduct “does not mean automatic strike-off” – Legal Futures

‘A finding of serious misconduct against a solicitor does not require striking off or an immediate suspension from practice, the High Court has ruled.’

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Legal Futures, 28th October 2019

Source: www.legalfutures.co.uk

Furniture shop owner who deliberately caused an explosion that injured 81 people in a botched insurance job jailed for 20 years – Daily Telegraph

Posted October 24th, 2019 in explosives, fraud, insurance, news, sentencing by sally

‘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.’

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Daily Telegraph, 23rd October 2019

Source: www.telegraph.co.uk