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Fraud (Civil)


26.06.15

Cash forfeiture: legal expenses

In R (on the application of the Commissioner of Police for The Metropolis) v City of London Magistrates Court [2015] the Divisional Court confirmed that there was no power to release lawfully detained cash for the purpose of legal expenses. In this case, cash in excess of £300,000 had been detained under the POCA cash…

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30.04.15

NCA granted Prohibition Order

National Crime Agency v Abacha and others (2015) concerned an application by the National Crime Agency (NCA) for a prohibition order. A prohibition order prevents dealing of disposing of property which is subject to an external request (in this case $23 million by the U.S. Government). The Respondents cross- applied unsuccessfully for disclosure of the…

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5.03.15

NCA defeated in POCA declaration claim

In NCA v Robb & Clarke and ors [2014] EWHC 4384 a number of claimants were seeking declarations that they had a proprietary interest in part of a fund deemed to be recoverable property in earlier proceedings brought by the NCA against the Defendant Robb. In brief, the National Crime Agency (NCA) had been successful in its…

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18.12.14

Brett Wilson LLP Partners recommended in Thomson Reuters Superlawyers 2014

Iain Wilson is one of 14 solicitors recommended for defamation law in the 2014 London edition of Thomson Reuters Superlawyers.  Nick Brett is recommend in the 2014 business edition for his fraud work.

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5.11.14

Brett Wilson LLP civil fraud solicitors discuss a case where an innocent wife was unable to defeat claim for civil recovery order

In National Crime Agency v Azam (No 2) [2014] EWHC 3573 the High Court heard a defence to a claim for a civil recovery order over property in which the legal title was vested in Second Respondent – the ex-wife of the First Respondent against whom the Court at an earlier hearing had ruled such property…

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1.10.14

Brett Wilson LLP listed by Legal 500 as a leading firm in four categories

The prestigious Legal 500 directory has listed Brett Wilson LLP as a leading firm in the fields of defamation/privacy, white collar crime, civil fraud and general crime. The 2014 edition of the directory was published on 1 October 2014.  This is the third consecutive year that Brett Wilson LLP has featured in the directory and the second consecutive…

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25.06.14

FCA orders Wonga to pay £2.6m in compensation for sending letters from non-existent law firms

The UK’s largest payday loan company Wonga has been ordered to pay 45,000 customers compensation totalling over £2.6 million for unfair and misleading debt collection practices. Wonga sent communications to customers in arrears under the names “Chainey, D’Amato & Shannon” and “Barker and Lowe Legal Recoveries”.  These led customers to believe that their files had been…

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20.02.14

Funding Civil Asset Recovery Proceedings from a Property Freezing Order

It is now the National Crime Agency (NCA), formerly the serious Organised Crime Agency (sOCA) which is responsible for bringing civil asset recovery proceedings under the Proceeds of Crime Act 2002. In the first instance, if the NCA has identified property over which it may seek a civil recovery order, it is almost certain to…

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1.10.13

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…

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25.09.13

Brett Wilson LLP listed in Legal 500 in four categories

Brett Wilson LLP has been listed in the 2013 edition of the Legal 500 in four separate categories: Defamation and Privacy, Fraud/White Collar Crime, Crime and Fraud/Civil. The directory lists firms who have been recognised as being leaders in a particular field. Partners Nick Brett and Iain Wilson were also separately recommended in the editorial sections…

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Articles are intended as an introduction to the topic and do not constitute legal advice.