FCA

1.07.15

NCA branded incompetent by High Court

In R (on the application of C and others) v. National Crime Agency and Birmingham Magistrates’ Court [2015] EWHC 1283 Admin) search warrants were challenged by way of judicial review.  This was an unusual case in which the NCA were branded “incompetent” (in defence to an allegation of bad faith).  The NCA conceded that the search warrants were unlawful,…

26.06.15

Production order: period for compliance

The scope and lawfulness of a Production Order was the subject of a judicial review in the Divisional Court in R (on the application of Chatwani and others) v National Crime Agency [2015] EWHC 1284. The Claimants were subjects in a wide ranging money laundering investigation. They were directors of a group of over 40…

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…

24.06.15

Trading Standards confiscation order quashed

The case of Regina v Eric John Moss [2015] EWCA 713 concerned a trading standards prosecution which gave rise to a confiscation order in the sum of £83,000. The Court of Appeal gave judgment in an appeal against the making of that Order and it was ultimately successful. The Appellant was an elderly cattle farmer…

11.06.15

Regulatory proceedings: a cautionary tale

Professional people facing regulatory or disciplinary proceedings brought by their regulatory bodies ought to take some time to read the judgment in Held v General Dental Council [2015] EWHC 669. It very clearly demonstrates the need to ensure engagement in the process and attendance at any final hearing. Mr Held was a dentist facing allegations…

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…

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…

23.07.13

FOI request suggests Bribery Act underused by sFO

A Freedom of Information request has identified that the serious Fraud Office (sFO) is currently investigating just two cases relating to the Bribery Act 2010.  Three other matters are said to be ‘in development’.  The sFO is yet to bring a prosecution under the Act. The Bribery Act, which came into force on 1 July 2011, has…

17.07.13

Law society urges caution over government proposals to jail bankers for reckless misconduct

The Law society has issued a statement in response to the government’s plans to introduce a new criminal offence of ‘reckless misconduct’ in the banking industry.  Law society Chief Executive Desmond Hudson said, ˜Introducing recklessness as the basis for an offence means that prosecutors will have to decide, possibly years after a business decision was…

1.04.13

FsA abolished and replaced by FCA and PRA

The City has a new behavioural watchdog in the form of the Financial Conduct Authority (FCA).  A second new organisation, the Prudential Regulation Authority (PRA), which is part of the Bank of England, is tasked with looking after all deposit-taking institutions, insurers and investment banks. The FCA is headed by Martin Wheatley, who said in a speech last year that,…