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
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
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
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
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
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
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
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
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
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
