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Fraud (Civil)


6.10.18

Unexplained Wealth Orders: Banker’s wife loses court challenge

Further to our blog in July 2018 on the inception of Unexplained Wealth Orders (‘UWOs’), the recipient of the first UWO has lost her application for the order to be set aside. In National Crime Agency v Mrs A (Rev 1) [2018] EWHC 2534 (Admin), Mr Justice Supperstone considered whether his without notice order made…

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16.09.18

Clarity on Legal Professional Privilege from the Court of Appeal

In The Director of The Serious Fraud Office v Eurasian Natural Resources Corporation Limited [2018] EWCA Civ 2006 the Court of Appeal was asked to determine whether certain documents created during the course of an internal company investigation were subject to legal professional privilege. In April 2013, the Serious Fraud Office (‘SFO’) commenced a criminal…

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3.09.18

Failure to properly advise can amount to professional misconduct says Bar Tribunal

Given the cuts to the resources of state prosecutors, the number of private prosecutions are understood to be on the rise. It is therefore increasingly important for practitioners to be mindful of advising clients on the proper test for bringing a private prosecution including any associated risks.  The Bar Tribunal and Adjudication Service’s recent suspension of…

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28.07.18

The new test for dishonesty: the impact of Ivey v Genting Casinos

Last year’s Supreme Court judgment in Ivey v Genting Casinos [2017] UKSC 67, a civil claim, shocked many criminal law practitioners as it formulated a new test for determining the element of ‘dishonesty’ for use in both civil and criminal Proceedings. Prior to Ivey the case of R v Ghosh [1982] EWCA Crim 2 had been widely recognised by…

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12.07.18

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…

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5.12.17

No fairness in cash forfeiture proceedings

In R (on the application of Desmond Campbell) v Bromley Magistrates’ Court [2017] EWCA 1161 the Court of Appeal were asked to adjudicate upon the jurisdiction of a Magistrates’ Court to entertain questions of lawfulness of conduct in the context of cash forfeiture proceedings. The Respondent to the application wanted to raise questions about the searches…

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2.11.17

Brett Wilson LLP lawyers recommended in Chambers and Partners 2018 directory

Brett Wilson LLP lawyers have been ranked in the latest edition of the prestigious Chambers and Partners legal directory, which was published on 2 November 2017. Partner Iain Wilson is ranked as a leading defamation and reputation lawyer and described as ‘”a respected claimant lawyer, representing individuals in libel, privacy and harassment disputes. A satisfied client comments: “He’s…

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29.11.16

Brett Wilson Criminal, Fraud and Regulatory Law Blog launched

Brett Wilson LLP has launched a blog dedicated to criminal law, fraud and regulatory matters. The blog, which can be found here contains articles on the latest developments in these areas. Topics covered by the blog include general criminal law, white-collar crime, FCA proceedings, disciplinary proceedings/appeals, civil fraud and confiscation/the Proceeds of Crime Act. In addition to new…

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2.11.16

Suspicious Activity Reports: moratorium period to be extended to six months

On 13 October 2016, the Criminal Finances Bill 2016-17 was put before the House of Commons for the first reading.  The Bill proposes to update the legislative measures regarding proceeds of crime, with the overall aim being effective recovery, countering terrorist financing and tackling money laundering and corruption.  In respect of money laundering, one of…

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9.09.16

Freezing Injunctions: the need for certainty

A recent decision on a preliminary issue by Mr Justice Henderson in the case of Haederle  v Thomas [2016] EWHC 1866 is a telling reminder of the need for precision when drafting Freezing Injunctions (and Restraint Orders too). A Freezing Injunction (formerly known as a Mareva Order and sometimes referred to as a Freezing Order)…

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

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