News

Bringing private prosecutions for the sale of ‘grey goods’ R v M; [2017] UKSC 58,

Corporate Crime analysis: Can a criminal offence be committed under the Trade Marks Act 1994 (TMA 1994) for the sale or distribution of so-called ‘grey goods’ without the trade mark proprietor’s consent? Ashley Fairbrother, solicitor at Edmonds Marshall McMahon, examines … Continue reading

More Galleries | Comments Off on Bringing private prosecutions for the sale of ‘grey goods’ R v M; [2017] UKSC 58,

EMM successfully prosecutes fraudulent Estate Agent

On 9 June 2017, the jury in the matter of R (Fuseon Ltd) v Timothy Shinners returned guilty verdicts in 4 of 5 counts of fraud and theft. Mr Shinners fraudulently abused his position as a Director causing losses to the … Continue reading

More Galleries | Comments Off on EMM successfully prosecutes fraudulent Estate Agent

Confiscation and compensation orders following private prosecutions (R v Somaia)

Corporate Crime analysis: Can a private prosecutor initiate confiscation proceedings and if  so, under what circumstances is this permitted? Ashley Fairbrother, solicitor at Edmonds Marshall McMahon, examines the issues in R v Somaia and says that private prosecutors are able … Continue reading

More Galleries | Comments Off on Confiscation and compensation orders following private prosecutions (R v Somaia)

Fraud is now the most commonly experienced crime in England and Wales, but has been overlooked by government, law enforcement and industry

The National Audit Office’s (“NAO”) much anticipated report into online fraud (otherwise referred to as cybercrime) released today (30/06/2017) reports that there were 3.6 million fraud incidents in 2016, with 1.9 million of those cyber-related. In the same period, the … Continue reading

More Galleries | Comments Off on Fraud is now the most commonly experienced crime in England and Wales, but has been overlooked by government, law enforcement and industry

Ketan Somaia v Regina (on a prosecution by Murli Mirchandani) [2017] EWCA Crim 741 – Confiscation Orders obtained by Private Prosecutors

The Court of Appeal have handed down judgment in the appeal brought by Ketan Somaia upholding the largest confiscation order obtained in proceedings brought by a private prosecutor.  On 12 January 2016, following a private prosecution for offences of obtaining … Continue reading

More Galleries | Comments Off on Ketan Somaia v Regina (on a prosecution by Murli Mirchandani) [2017] EWCA Crim 741 – Confiscation Orders obtained by Private Prosecutors

Quarterly update on Freezing Injunctions

Holyoake v Candy [2017] EWCA Civ 92 The defendants to an unlawful means conspiracy claim appealed against the imposition of a notification injunction on the basis that the Judge at first instance had applied an incorrect test in relation to … Continue reading

More Galleries | Comments Off on Quarterly update on Freezing Injunctions

The Decision to Prosecute, the Discretion to Prosecute and the Code for Crown Prosecutors

While there is no formal requirement for private prosecutors to satisfy the Code for Crown Prosecutors, at Edmonds Marshall McMahon, we consider it necessary and important to do so. The exercise of prosecutorial discretion is central to the comprehensive and … Continue reading

More Galleries | Comments Off on The Decision to Prosecute, the Discretion to Prosecute and the Code for Crown Prosecutors

Key Issues from the Draft Money Laundering Regulations 2017

Following a series of consultation processes, HM Treasury has published a draft of the Money Laundering Regulations 2017. These proposed regulations will supersede the current regulations (2007) and represent efforts to transpose the EU’s Fourth Money Laundering Directive and the … Continue reading

More Galleries | Comments Off on Key Issues from the Draft Money Laundering Regulations 2017

Arbitration and Fraud

In the United Kingdom, an allegation of fraud in civil proceedings is not made lightly and the Courts will not find dishonest conduct without a high burden of proof being satisfied. In the case of Celtic Bioenergy Limited v Knowles … Continue reading

More Galleries | Comments Off on Arbitration and Fraud

Quarterly Update on Trust Litigation

Hanspaul v Ward, 9 March 2017, High Court Chancery Division (unreported) The Court determined the appropriate costs orders to be made after settlement during the trial of a dispute concerning a family trust, whereby the trustees and protector agreed to … Continue reading

More Galleries | Comments Off on Quarterly Update on Trust Litigation