Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal services, limitations, news, privilege by tracey

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

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Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

SDT “wrong” to strike out prosecution of Law Society president – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was wrong to throw out a private prosecution brought by a former client against the current president of the Law Society, the High Court has ruled.’

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Legal Futures, 13th January 2021

Source: www.legalfutures.co.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

Deportation and family rights – UK Human Rights Blog

‘The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights. The applicant in Unuane v United Kingdom successfully argued that his removal from the UK was a disproportionate interference with family life because it separated him from his children. Though finding for the applicant, the Court rejected his attack on the compatibility of the Immigration Rules – an issue that as recently as 2016 the Supreme Court had authoritatively settled. The decision is of interest for the Court’s approach to the necessary balancing exercise to be carried out in the sensitive area of human rights challenges to the deportation of foreign criminals.’

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UK Human Rights Blog, 10th December 2020

Source: ukhumanrightsblog.com

Remote Witnessing of Wills During the COVID-19 Pandemic – Parklane Plowden

Posted December 7th, 2020 in chambers articles, coronavirus, fraud, news, probate, undue influence, wills by sally

‘There has unsurprisingly been an uprise in the number of people making wills since the start of the COVID-19 pandemic, though social distancing measures have created problems for people in terms of complying with the witnessing requirements of section 9 of the Wills Act 1837 (“the Wills Act”).’

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Parklane Plowden, 10th November 2020

Source: www.parklaneplowden.co.uk

Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square

‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’

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4-5 Gray's Inn Square, 2nd December 2020

Source: www.4-5.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

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CrimeCast.Law, 24th November 2020

Source: crimecast.law

Robustness of software – Digital Evidence and Electronic Signature Law Review

Posted November 18th, 2020 in computer programs, employment, fraud, interpretation, news, postal service by sally

‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’

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Digital Evidence and Electronic Signature Law Review, June 2020

Source: journals.sas.ac.uk

High Court overturns “flawed” SDT decision to clear solicitor – Legal Futures

Posted November 17th, 2020 in costs, fraud, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Solicitors oppose move to digital signatures for LPAs – Legal Futures

Posted November 16th, 2020 in electronic filing, fraud, news, powers of attorney, solicitors, statistics by sally

‘The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.’

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Legal Futures, 16th November 2020

Source: www.legalfutures.co.uk

FCA pursues Gavin Woodhouse’s ex-business partner in high court – The Guardian

‘The former business partner of the disgraced entrepreneur Gavin Woodhouse is being pursued by the Financial Conduct Authority in the high court over alleged links to care home investments in which investors appear to “have lost at least £30m”.’

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The Guardian, 12th November 2020

Source: www.theguardian.com

Justice delayed might be justice denied… but for which side? A look at Nigeria v Process & Industrial Developments – Hardwicke Chambers

Posted November 11th, 2020 in arbitration, chambers articles, civil justice, delay, energy, fraud, news, time limits by sally

‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’

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Hardwicke Chambers, 14th October 2020

Source: hardwicke.co.uk

Cryptoassets – Obtaining English Freezing and Proprietary Injunctions in Relation to Cyberfraud – Littleton Chambers

Posted November 10th, 2020 in computer crime, conflict of laws, fraud, freezing injunctions, injunctions, news, theft by sally

‘The theft and misappropriation of cryptoassets, typically Bitcoin, Ethereum and other virtual cryptocurrencies, by fraudsters is becoming increasingly common, and thus the subject-matter of civil fraud litigation. This article considers how parties can obtain the “nuclear weapon” of the worldwide proprietary or freezing order against cryptoassets.’

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Littleton Chambers, 13th October 2020

Source: littletonchambers.com

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

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Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Insurer fails in aggregation argument over partner’s multi-million pound thefts – Legal Futures

‘The High Court has refused to aggregate as one claim various actions a Yorkshire law firm’s indemnity insurer is facing because of a multi-million pound fraud run by one of its partners.’

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Legal Futures, 4th November 2020

Source: www.legalfutures.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Leicester garment factory bosses banned from running businesses for more than 400 years – The Guardian

Posted September 4th, 2020 in company directors, fraud, HM Revenue & Customs, insolvency, news, taxation by sally

‘Directors of clothing manufacturers in Leicester have been struck off for a combined total of more than 400 years in cases costing HMRC millions, data shared with the Guardian reveals.’

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The Guardian, 3rd September 2020

Source: www.theguardian.com

Judge refuses payment out of court for all of defendants’ legal fees – Litigation Futures

Posted August 20th, 2020 in fees, fraud, news, payment into court by sally

‘The High Court has rejected an application for a payment out of court to fund all of the defendants’ legal fees in a “gargantuan” tax fraud case.’

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Litigation Futures, 19th August 2020

Source: www.litigationfutures.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

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Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

Jail for builder Rob Hayel who ‘left homes at risk of collapse’ – BBC News

Posted August 7th, 2020 in building law, construction industry, fraud, imprisonment, news, sentencing by sally

‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk