21 results
Latest Court of Appeal guidance on Unexplained Wealth Orders
The team at Scarmans consisting of Queen’s Counsel, Barristers and Solicitors regularly represents individuals targeted by the NCA in civil, criminal and tax litigation and so are well-placed to protect their client’s interests. In this analysis, Barry Smith, Associate, explains the latest judgment more...
New European authority on tax compliance
Glencore Agriculture Hungary v Nemzeti Ado- es Vamhivatal Fellebbviteli Igazgatosaga For individuals and directors of businesses involved in certain types of trading, ensuring that your supply chain is free of tax evasion is important to comply with your regulatory duties. In some circumstances, an more...
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
Cash Forfeiture and the Proceeds of Crime Act 2002
Cash forfeiture is the process whereby money that has been seized by authorised individuals, such as the police or financial investigators, can be forfeited to the state following a hearing in the Magistrates’ Court under Part 5 of the Proceeds of Crime Act 2002. Other agencies which utilise these more...
30 Apr 2019 14:36
PBS Energo AS v Bester Generacion UK Limited [2019] EWHC 996 (TCC)Background Bester and PBS were parties to a sub-contract for the engineering, procurement, construction and commissioning of a bio-mass fired energy plant in Wrexham. Disputes later arose between the parties and the parties’ respective claims were then referred to Mr Tolson for adjudication. During more...
6 Feb 2019 12:13
Serious Fraud Office prosecutions – trials of fraudAndrew Gilmore reviews the Serious Fraud Office’s Tesco and Barclays prosecutions and looks ahead over what might be a difficult year for the organisation. In early December 2018, the high-profile trial of two former senior Tesco executives over the company’s £250m accounting scandal collapsed after more...
6 Feb 2019 12:12
Aggressive Negotiation or Blackmail?Negotiations can be hard fought, with each party using whatever advantage is at their disposal to obtain the most favourable outcome they can. Such tough negotiation is all well and good as long as the actions of the parties, and the manner in which any “leverage” is used, does not stray over the more...
25 Jan 2019 14:09
SFO v Barclays: five members of Chambers in landmark caseThe trial of four former Barclays executives charged with fraud began on Wednesday. Described by the BBC as “a unique legal landmark”, this is the only time in the UK that any senior bank executive has been criminally prosecuted as a result of the 2008 financial crisis. Edward Brown QC opened the more...
15 Jan 2019 09:12
Sean Larkin QC and Philip McGhee appear in Euribor TrialThe prosecution is brought by the Serious Fraud Office and concerns the alleged manipulation of the Euribor rate. The trial began today at the Southwark Crown Court at Southwark before HHJ Gledhill QC. Sean Larkin is leading counsel for Carlo Palombo, a Euro swaps trader at Barclays bank. Philip more...
21 Dec 2018 10:19
Philip Rule acts for defendant in Financial Conduct Authority prosecution of £3 million "Ponzi" scheme fraudPhilip was instructed on behalf of the defendant to proceedings before the Southwark Crown Court. The case was brought by the Financial Conduct Authority for fraud, and an offence under the Financial Services and Markets Act 2000 (operating a collective investment scheme without authorisation). more...
12 Dec 2018 15:19
Vicarious liability for fraud and reliance-based tortsThe Winter v Hockley Mint decision 1. In torts such as deceit, where liability depends on the claimant acting in reliance on a statement made to him, the test for establishing vicarious liability is not the same as for other wrongs committed in the course of a servant’s employment. 2. A principal more...
7 Dec 2018 13:45
Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695Background Gosvenor was contracted to perform cladding works for Aygun. The project fell into delay and disputes arose. A subsequent adjudication determined that Aygun owed Gosvenor the sum of £553,958. Gosvenor later applied for summary judgment to enforce the adjudication and Aygun resisted on the more...
6 Dec 2018 14:19
Adrian Darbishire QC, Jocelyn Ledward and Tom Doble successful in SFO v TescoTwo Tesco directors have been acquitted of charges of fraud and false accounting after the case was dismissed due to lack of evidence following an eight-week trial at Southwark Crown Court. Chris Bush and John Scouler, were accused of manipulating figures that resulted in Tesco's profits being more...
2 Nov 2018 15:26
Mark Harries leads Zaki Hashmi of ABV Solicitors in a £10m internet diversion fraudMark Harries leads Zaki Hashmi of ABV Solicitors for one of 3 brothers alleged to have conducted in a £10-handed, £10m internet diversion fraud currently in week 5 at Blackfriars Crown Court. The trial is likely to last until Christmas. You can read more about this case in the following links:- more...
2 Nov 2018 09:35
Paul Raudnitz and Kyan Pucks defend in £10m internet banking fraudPaul Raudnitz and Kyan Pucks defend Emmanuel Chukwuka, accused of complicity in a £10m internet banking fraud conspiracy. The case has opened at Blackfriars Crown Court and embraces a number of allegations of conspiracy to defraud and conspiracy to launder the proceeds of fraud. Ten defendants stand more...
29 Oct 2018 09:13
Barclays successfully defends SFO application for voluntary bill of indictmentCrispin Aylett QC, Ben FitzGerald and Richard Lissack QC (of Fountain Court) acted for Barclays plc and Barclays Bank plc in the SFO’s application before Lord Justice Davis for a voluntary bill of indictment in respect of the Bank’s capital raising from Qatar in 2008. The matter was heard between 22 more...
26 Oct 2018 10:21
Simon Howarth successfully defends national IFA NetworkMr Justice Jacobs today handed down judgment in favour of the Defendant in Anderson v Sense Network [2018] EWHC 2834 (Comm). Simon acted for the successful Defendant Network, instructed by RPC, against over 90 Claimants. The case arose from a Ponzi scheme orchestrated by an Appointed Representative more...
18 Oct 2018 09:22
Push payment fraud: Update Autumn 2018Banking & Finance Litigation specialists Louise Power and Rachel Elgar report on the Payment Systems Regulator’s (PSR) recent proposals for dealing with push payment fraud. What is push payment fraud? Payments are described as ‘push payments’ when the payer obtains the payee’s account details and more...
4 Oct 2018 08:47
Chris Henley QC leading John Carl Townsend, Simon Csoka QC and Roxanne Morrell represent former directors of Solar Energy Savings Ltd (“SES”) in SFO prosecutionSES had devised the “360 Returns Scheme”, which promised customers a 100% return on the funds they had used in the purchase of the company’s solar panels. Customers were informed that the scheme was viable and had been underwritten by a policy of insurance. Contrary to those claims, the scheme was more...
1 May 2018 10:55
Congratulations to Andrew Bird & James Fletcher for their inclusion in Who's Who legal 2018 edition5SAH would like to congratulate Andrew Bird and James Fletcher for their inclusion in Who's Who legal 2018 edition. Andrew Bird has been ranked in the guide for his work within asset recovery and James Fletcher continues to be ranked for his work within the field of criminal fraud. Andrew Bird is more...
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