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| Welcome to Spring 2021 edition of the Edmonds Marshall McMahon Newsletter.In this edition, and against the backdrop of the COVID-19 pandemic, we consider global fiscal response in a crisis and the vulnerability of governments, non-profits and corporations to corruption and bribery amongst other issues. Recent Articles  Fast global fiscal response in a crisis The unprecedented spread of the Covid-19 pandemic has seen an enormous global response to help fight the virus, improve health and safety and respond to the economic impact of a worldwide lockdown. Experts have given a near unanimous consensus that the world economy is facing the most serious challenge of the post-war era due to the sudden halt in economic activity in both advanced and developing countries.[1] Read More  RSPCA and Private Prosecutions This article discusses the RSPCA’s recent decision to abandon bringing private prosecutions. In a statement from the charity’s Chief Executive, Chris Sherwood, he explained that the charity is “stepping back” from its role as prosecutor and seeking to pass its caseload onto the Crown Prosecution Service. By reference to the charity’s illustrious history as a prosecutor, this article explains why the policy shift is a great shame. Not only does the decision run counter to the charity’s founding principles, which championed the robust enforcement of animal welfare offences, it will most likely lead to a decline in prosecutions and consequential lack of the enforcement principle. Read More  Ashley Fairbrother, Senior Associate at EMM, and Head of Counter Fraud at Macmillan Cancer Support, Robert Browell, deliver a bespoke webinar on “How UK Private Prosecutions Deliver Justice in Charity Fraud Cases” at the Fraud Conference, 2021. The on demand webinar has been kindly published on YouTube by The Association of Business Recovery Professionals and can be seen here: https://www.youtube.com/watch?v=WQKjSnI57PY&feature=youtu.be They explain how Macmillan Cancer Support has used private prosecutions to recoup stolen charity funds whilst also bringing offenders to justice. The session includes why the Charity chose private prosecutions as a route to justice, how it has worked in practice and the outcomes achieved to date, as well as some learning points for any individual, corporate or charity thinking about adopting a similar approach. Read More Further Articles EMM secure confiscation order against Financial Controller Gerard Lawless for £343,147.00On 25th November 2020, following a contested confiscation trial from which the defendant wilfully absented himself, a confiscation order of £343,147.00 was made against Gerard Lawless and a default sentence of 2.5 years imposed. The defendant was given 3 months to satisfy the confiscation order. Read More Edmonds Marshall McMahon secure landmark decision from the High Court to provide guidance on the recoverability of private prosecutors’ costs On 28 January 2020, in Fuseon Limited v Senior Courts Costs Office [2019] EWHC 126 (Admin), the High Court granted Fuseon’s appeal against a Costs Master’s decision (i) to assess Fuseon’s legal costs based on the hourly rates of a firm local to Bolton, where Fuseon was based, rather than London, where its solicitors were based, and (ii) to apply hindsight when assessing such costs. Mr Justice Lane reaffirmed the constitutional importance of private prosecutions and the ruling provides guidance on the extent of recoverable costs incurred by a private prosecutor. Read More Investigative Costs in a Private Prosecution: Football Association Premier League and Sports Information Services Ltd v Lord Chancellor [2021] EWHC 755 (QB)On 17 March 2021, the High Court of Justice, Queen’s Bench Division, unanimously allowed an appeal by the Football Association Premier League (FAPL) and Sports Information Services Ltd (SISL) of a decision by Costs Judge (Master) Rowley, who had refused to award the costs incurred by FAPL and SISL prior to the commencement of criminal private prosecutions to be paid from central funds.. Read More Recent News Jack Walsh co-authors Blackstone’s Guide to the Sentencing Code 2020 Read More Partners Ranked. Band 1 Financial Crime: Private Prosecutions in London, Chambers and Partners Read More DIVERT recognised at the annual Met Excellence Awards Read More Out and About We have been busy during the past months attending conferences as speakers and panellists. 2021 January: Ashley Fairbrother spoke on an expert panel at the Young Fraud Lawyers Association event: ‘Double Trouble: Civil Claim, Private Prosecution or both?’ 2020 December: Marie-Claire Amuah took part as a panellist in the Thought Leadership Webinar “Hit them where it hurts: The problem of making offenders pay for their crimes”. Jack Walsh co-authors Blackstone’s Guide to the Sentencing Code 2020November: DIVERT recognised at the annual Met Excellence Awards October: Partners Ranked. Band 1 Financial Crime: Private Prosecutions in London, Chambers and Partners July: Tamlyn Edmonds joined Paul Lewis and Graeme Biggar, Director General of the National Economic Crime Centre, NCA to discuss the continued growth of fraud, which now accounts for a third of all crime in England and Wales, on the BBC’s Money Box. June: Kate McMahon comments on ‘potential fraud’ as car dealer Lookers reveals £19m hole May: Tamlyn Edmonds & Kate McMahon feature in the Insurance Age discussing the use of private prosecutions in the fight against insurance fraud |
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