Law and the Justice System

In this current economic climate, litigation is on the rise as market pressure results in contract fallout and the rise of fraud.

Over 2024, the English High Court diary is busy with these type of cases, however, it is also filled with cases over alleged confidential leaks, missing aircraft in Russia and the alleged negligence of a Big Four accountancy firm.

In response to concerns about effective prosecution of the current epidemic of financial crime, the Home Office has announced the launch of an independent review into the disclosure regime and fraud offences more widely.

https://www.ftadviser.com/opinion/2023/12/04/fraud-deterrence-is-impotent-when-conviction-rates-are-so-low/

A new bill that will grant the government powers to order banks to monitor benefit claimant’s accounts for fraud cleared another hurdle in Parliament yesterday after MPs passed the bill.

The Data Protection and Digital Information Bill was passed by 269 votes to 31 in the House of Commons yesterday evening and it will now be debated in the House of Lords.

Climate Wiseman was found guilty after selling ‘plague protection oil’ to his followers.

https://www.shropshirestar.com/news/uk-news/2023/11/29/preacher-convicted-of-fraud-over-bogus-covid-cure-loses-appeal/

The High Court has criticised a leading private prosecutions law firm for the information it provided to persuade a judge to issue summonses alleging fraud against three people.

https://www.legalfutures.co.uk/latest-news/high-court-criticises-firm-for-private-prosecution-disclosure-failure

A number of experts are concerned that making the mis-selling of tax avoidance schemes a criminal, rather than civil, offence could set a ‘dangerous precedent’.

In a discussion at the House of Lords on Monday afternoon (November 13), a panel of experts were questioned on the government’s new finance bill.

https://www.ftadviser.com/investments/2023/11/14/experts-call-for-judicial-review-before-criminal-fraud-laws-applied/

New legislation will change how businesses deal with Companies House, including plans affecting small businesses.

The changes are aimed at clamping down on fraudsters in what has been deemed the ‘biggest shake-up’ to the government service in its 180-year history.

The Economic Crime and Corporate Transparency Act (the ECCTA) received Royal Assent on 26 October 2023, following over a year of debate and amendment as it progressed through Parliament. It is a broad and comprehensive piece of legislation which aims to tackle the use of the UK’s corporate, real estate and business sectors by criminals for nefarious purposes and address the reputation London sometimes has as a place where money laundering and fraud are commonplace.

https://www.linklaters.com/en/insights/blogs/businesscrimelinks/2023/october/the-economic-crime-and-corporate-transparency-act-receives-royal-assent/

A ringleader in a multi-million pound tax fraud should have been spared jail due to the impact on his son, the Court of Appeal heard today.

Francis Devlin, 58, is currently serving a four-year sentence for his role in the biggest ever scam of its kind in Northern Ireland.

Litigation of fraud cases is on the rise, reflecting the attractiveness of the English and Welsh courts as avenue for litigants. Senior associate Charlie Mercer wrote in The Banker about these trends, in an article reproduced here.

https://www.stewartslaw.com/news/banking-and-finance-fraud-claims-on-the-rise-in-english-courts/