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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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The Prosecution of Corporate Entities: Proposals for reform

The Government is currently consulting on proposals to extend corporate criminal liability beyond its common law constraints specifically for economic crimes, including fraud, money laundering and false accounting when committed on behalf or in the name of companies. Companies are … Continue reading

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The notification injunction after Candy v. Holyoake

Whilst judgment is awaited in the well-publicised and hard-fought litigation between Mark Holyoake and his former friends Christian and Nick Candy, fraud practitioners may well have been rather more interested in the outcome of one of the interlocutory hearings, and … Continue reading

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Do class actions exist in the United Kingdom? Not really! Should they?

What is a class action in the USA? A class action is a collective claim in which the court awards permission to an individual or individuals to bring the claims of others similarly situated (the class members) in a single … Continue reading

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Private prosecutions: a global affair?

There has been an exponential increase in global business since the turn of the century. International trade is no longer the preserve of the Fortune 500. Every corner shop in Croydon is a customer in the international marketplace, importing goods … Continue reading

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Quarterly update on Freezing injunctions

Kazakhstan Kagazy Plc v Zhunus [2016] EWCA Civ 1036 – Court of Appeal A group of companies brought proceedings against their former chairman (“Mr Zhunus”), CEO (Mr Arip”) and former director (“Mr Dikhanbayeva”) for misappropriation of their assets. When serving … Continue reading

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Edmonds Marshall McMahon Quarterly update on Trusts

Hague Plant v Hurtley [2016] EWHC 2663 (Ch) In a complex action relating to a cross invoicing scheme between two companies, Norris J followed the Supreme Court decision in Patel v Mirza [2016] UKSC42 and held that allowing recovery for … Continue reading

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