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19.05.20
Restrictions of creditor rights during Covid-19
Following on from the Secretary of State for Business, Energy and Industrial Strategy (BEIS) announcement on 28 March 2020 addressing protective measures for companies facing major funding and operational hardship during Covid-19, on 23 April 2020, the Government has further announced that it will introduce temporary restrictions on creditor rights to pursue aggressive debt recovery….
Read more15.05.19
Police request access to complainants’ data: A form in a teacup?
A new standard police form requesting agreement to access complainants’ phone data has caused controversy. The not-very-snappily-titled ‘NPCC Final Consent v-1-2’ form is designed to achieve a consistent system for accessing the electronic devices of victims and witnesses. A copy is available here. This can only be done with that person’s consent. As such, the…
Read more12.07.18
Unexplained Wealth Orders: A new power for law enforcement agencies
The Criminal Finances Act 2017, which came into force early this year, gives enforcement authorities such as the National Crime Agency (‘NCA’), Revenue and Customs (‘HMRC’), the Financial Conduct Authority (‘FCA’) and the Serious Fraud Office (‘SFO’) new powers which are designed to help law enforcement act on suspected corrupt assets. Section 1 of the Criminal…
Read more30.06.16
Sir Cliff Richard investigation highlights issues with pre-charge bail
Sir Cliff Richard is one of many famous faces to have been investigated for allegations of historic sex abuse, with the police and the Crown Prosecution Service ultimately taking no further action. Although Sir Cliff was never arrested or charged, his ordeal brings into question tactics that are being deployed by police and the necessity for reform regarding…
Read more16.06.15
Procedural guidance in serious fraud cases
Regina v Quillan and others [2015] EWCA 538 concerned a prosecution appeal against the dismissal of charges alleging conspiracy to defraud and conspiracy to cheat following submissions of no case at ‘half-time’. The judgment of a senior Court of Appeal, presided over by the Lord Chief Justice, is notable for its procedural guidance on complex…
Read more1.10.13
Interesting MTIC fraud judgment
HMRC v sunico A/s and others [2013] EWHC 941 is an interesting judgment which Produman J had heard a claim by HMRC for unlawful means conspiracy arising out of an alleged MTIC fraud. The facts of the case are not remarkable but counsel for the two defendants linked to the main defendant company (sunico) adopted an interesting…
Read more19.03.12
Unlawful seizure of cash is no bar to forfeiture
In the secretary of state for the Home Department v Tuncel and Basbaydar [2012] EWHC 402 Keith J was effectively asked to determine the question of whether an unlawful seizure of cash precludes forfeiture under section 298 POCA 2002. Mr Tuncel and Mr Basbaydar had been trying to board a plane to Istanbul at Heathrow when customs…
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Articles are intended as an introduction to the topic and do not constitute legal advice.
