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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

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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

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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

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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

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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

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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

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Grey Goods and Trade Mark Infringement: Private Prosecution

Adidas, Jack Wills and Fred Perry are but few of the many brands and trademark proprietors that contract with factories across the world every day to produce their goods to be sold in the market place. The trademark proprietor will, … Continue reading

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Farooq Rafiq v Nabeel Raja

Edmonds Marshall McMahon has successfully prosecuted Nabeel Raja on behalf of Farooq Rafiq for fraud by abuse of position contrary to s.1 Fraud Act 2006. There was clear evidence that Mr Raja, when acting in his capacity as an employee … Continue reading

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A Suggestion For The Consultation On Corporate Economic Crime

Introduction As has previously been discussed,[1] the UK Government is looking to amend some of the perceived inadequacies of the common law doctrine of identification in corporate criminal liability. Rather than ascribing the concept of a directing mind to increasingly … Continue reading

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The Data Protection Act: a new route for beneficiaries to obtain information

In Dawson-Damer v Taylor Wessing LLP [2017] EWCA 74 the Court of Appeal has determined that the Data Protection Act 1998 (“DPA”) may be used by beneficiaries of trusts to obtain information which under established trust law principles they would … Continue reading

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