Left Holding The Baby – Hardwicke Chambers

Posted August 9th, 2018 in agency, identity fraud, news, solicitors, warranties by sally

‘Given the frequency with which sophisticated fraudsters arrange for the sale of properties which they do not own, it is perhaps surprising that the question of who, amongst the professionals involved, bears the risk when it happens has not been considered sooner and more definitively. In 2010 the question came before the Court in Excel Securities PLC v Masood [2010] Lloyds Rep PN 165, but only on a summary judgment application. HHJ Hegarty QC (sitting as a High Court Judge) held that the question of whether a solicitor purporting to act for the owner of a property warranted the identity of his client could not be answered in the abstract, and was not a suitable matter for summary judgment. A warranty of authority is an implied obligation arising as a matter of contract in particular circumstances, so it is not possible to determine the scope of any such warranty without a detailed consideration of the facts. Generally, however, a solicitor’s warranty extends to the fact that he has the authority of the person who has instructed him, but not as to the identity of that person.’

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Hardwicke Chambers, 31st July 2018

Source: www.hardwicke.co.uk

Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

Met dismisses police spy who tricked activist into sexual relationship – The Guardian

Posted May 4th, 2018 in disciplinary procedures, dismissal, identity fraud, news, police by tracey

‘An undercover officer who had an unauthorised sexual relationship with an environmental campaigner has been dismissed from the police after a disciplinary hearing.’

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The Guardian, 3rd May 2018

Source: www.theguardian.com

England voter ID trial ‘a solution in search of a problem’ – The Guardian

Posted April 30th, 2018 in elections, identity fraud, news by tracey

‘Minister says new requirements counter ‘perception’ of electoral fraud as data shows problem is minimal.’

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The Guardian, 29th April 2018

Source: www.theguardian.com

Voter identity checks may discriminate against ethnic minority communities, watchdog says – The Independent

Posted April 23rd, 2018 in elections, identity fraud, minorities, news, race discrimination by tracey

‘Plans to force voters to show photo identification at polling stations may discriminate against people from ethnic minority communities, the equality watchdog has reportedly warned. The new rules – being trialled to prevent voter fraud – would also hit the young and old, those with disabilities and transgender people, the Equality and Human Rights Commission claims in a leaked letter to Cabinet Office minister David Lidington.’

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The Independent, 22nd April 2018

Source: www.independent.co.uk

Organised criminals stealing identities of dead people to get cheaper car insurance – Daily Telegraph

Posted February 26th, 2018 in identity fraud, insurance, news by tracey

‘Organised criminals and fraudsters are stealing the identities of dead people in order to get cheaper car insurance, it has emerged.’

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Daily Telegraph, 24th February 2018

Source: www.telegraph.co.uk

Websites allowing illegal activity ‘complicit in crime’ – BBC News

‘Websites that do not prevent the sale of illegal goods are complicit in cyber-crime, a crime chief has said.’

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BBC News, 23rd October 2017

Source: www.bbc.co.uk

Law Society fails in bid to throw out claim by firm over false ‘Find A Solicitor’ entry – Legal Futures

Posted August 29th, 2017 in appeals, duty of care, fraud, identity fraud, internet, law firms, Law Society, negligence, news by tracey

‘The Law Society has failed in its bid to strike out a negligence claim by a law firm that was the victim of a fraud after the details of another firm it had checked on the society’s online “Find a Solicitor” (FAS) facility turned out to be false.’

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Legal Futures, 29th August 2017

Source: www.legalfutures.co.uk

Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

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Family Law Week, 2nd August 2017

Source: www.familylawweek.co.uk

MPs urged to pass law against online ‘catfish’ imposters tricking women into sex – The Independent

Posted July 18th, 2017 in crime, fraud, identity fraud, internet, news, parliament by tracey

‘MPs are to be urged to outlaw the practice of ‘catfishing’, which refers to online predators using fake dating profiles to trick victims into sexual relationships.’

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The Independent, 17th July 2017

Source: www.independent.co.uk

Identity fraud reached record levels in 2016 – BBC News

Posted March 15th, 2017 in identity fraud, news, statistics, young persons by tracey

‘Young people are a growing target for identity theft cases, which have reached record levels in 2016, fraud prevention organisation Cifas says. Almost 25,000 victims of fraud were aged under 30, with the number of under-21s defrauded rising by a third.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

Law Society may intervene in landmark fraud case – Law Society’s Gazette

‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’

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Law Society’s Gazette, 6th February 2017

Source: www.lawgazette.co.uk

Jail again for fraudulent ex-solicitor who hijacked law firm’s identity – Legal Futures

Posted October 25th, 2016 in costs, fraud, identity fraud, law firms, news, recidivists, sentencing, solicitors by michael

‘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’

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Legal Future, 21st October 2016

Source: www.legalfutures.co.uk

Identity fraud up by 57% as thieves target social media – BBC News

Posted July 5th, 2016 in identity fraud, internet, news, reports, statistics by sally

‘The number of victims of identity theft rose by 57% last year, figures from fraud prevention service Cifas suggest.’

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BBC News, 5th July 2016

Source: www.bbc.co.uk

Police must say if dead children’s identities stolen, say parents – The Guardian

Posted June 23rd, 2016 in children, identity fraud, inquiries, investigatory powers, news, police by sally

‘Bereaved parents have demanded that police reveal whether the identities of their dead children were stolen by undercover officers who spied on political groups.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

UK fraud costing ‘£193bn a year’, new study suggests – BBC News

Posted May 26th, 2016 in fraud, identity fraud, news, reports, statistics, tax evasion by tracey

‘The annual cost of fraud in the UK has been estimated at £193bn – equal to nearly £3,000 per head of population – according to a new report.’

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BBC News, 25th May 2016

Source: www.bbc.co.uk

Teenage girls given 12 months youth detention over Facebook baby kidnap plot – The Independent

‘Two teenage girls have been sentenced to 12 months youth detention for conspiracy to kidnap babies in September last year.’

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The Independent, 21st May 2016

Source: www.independent.co.uk

Paedophile posed as Zoella to groom children online – Daily Telegraph

‘A sex predator who pretended to be fashion blogger Zoella Sugg has been jailed for eight years for grooming children online.’

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Daily Telegraph, 17th May 2016

Source: www.telegraph.co.uk

New guidelines published on the prosecution of those who abuse victims online – Crown Prosecution Service

‘The Crown Prosecution Service (CPS) is updating its guidelines on social media to incorporate new and emerging crimes that are being committed online and to provide clear advice to help the prosecution of cyber-enabled crime.’

Full press release

Crown Prosecution Service, 3rd March 2016

Source: www.cps.gov.uk

Past deception to obtain Indefinite Leave to Remain may lead to status being revoked – Free Movement

Posted January 13th, 2016 in identity fraud, immigration, news by sally

‘The case of Huang & Ors, R (on the application of) v Secretary of State for the Home Department (“No Time Limit” Transfer: Fraud) (IJR) [2015] UKUT 662 (IAC) arises from the provision of false or incorrect identity information by asylum seekers who were initially refused asylum but who were then never removed and were later granted status under the Legacy amnesty backlog clearance programme.’

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Free Movement, 12th January 2016

Source: www.freemovement.org.uk