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Fraud Newsletter 34 – August 2019

CASES

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group Forum UK) [2019] UKSC 38. Third parties can apply for access to all or any documents placed before the court and referred to during the hearing, showing why they seek access and how it would advance the principle of open justice. It was then for the court to balance open justice against any risk of harm which might be caused by such disclosure.

Defence Case statement: examining statutory limitations (CPIA s6E(5)(b)) on adducing a defence statement. Statement may be admissible even if a defendant does not give evidence [17]: legitimate challenges to the accuracy of the prosecution case where there had been a failure to comply with disclosure (later corrected) may not amount to a change of defence [27]; whether there has been a change of defence is for the jury [29]:  Duarte [2019] EWCA 1466

Inferences to be drawn from silence: interesting observations re failure to given evidence on a case to answer before Medical Practitioner’s Tribunal: distinction between civil and criminal regimes: R (Kuzmin) v GMC [2019] EWHC 2129 (Admin).

Ivey v Genting Casinos applied to s213 Insolvency Act 1986Re Pantiles Investments Ltd (in liquidation) and Anor v Winckler [2019] EWHC 1298 (Ch) re directors duties etc.   Useful article – Paul Wright: Clarification of the law and practice of fraudulent trading claims: Aug 19

Passport Fraud not committed by a victim of trafficking and sexual exploitation: O [2019] EWVA 1389.

Search warrants: criteria re who has first right to inspect and interrogate seized digital data after filtering out LPP material (examines historical development of the issue):  A v B [2019] EWHC 2089 (Ch).  Prior arrest not required for s 47C, D-F POCA search and seizure warrants for realisable property: Chief Constable Manchester Police v Ali [2019] EWHC 2213 (Admin).

SENTENCING AND CONFISCATION

Sentencing Guidelines on Corporate Offenders: Fraud, Bribery and Money Laundering not appropriate for unauthorised access to computer material (s1 Computer Misuse Act 1990): R (Pension Regulator) v Workchain Ltd [2019] EWCA Crim 1422. (Westlaw) 

Gamble: [2019] EWCA Crim 600 [2019] 2 Cr.App.R. (S) 30: 5½ years re fake e-tickets: 15 counts of fraud (£4,825) and 77 TICs [error in procedure corrected in CA] reduced to 4 years.

Maximum credit for Guilty pleas: indications BCM Forms at magistrates must be clear and unequivocal to attract maximum credit: Davids [2019] EWCA Crim 553, [2019] 2 Cr.App.R. (S) 33.

BILLS, STATUTES & STATUTORY INSTRUMENTS

Data Protection Act 2018 (Commencement No. 2) Regulations 2019 SI No. 2019 1188: ss 93, 102-105 and s108 in force as from 16 Sept 2019.

CONSULTATIONS, GUIDANCE, CIRCULARS AND REPORTS

Corporate co-operation Guidance: SFO, 6 Aug 19.  Effectively collates previous statements.

CPS Response to the thematic inspection report in relation to the Handling of Defence Correspondence: 13 Aug 19

Hearsay: Updated CPS Guidance for Prosecutors: 13 Aug 19

Manage the PTPH form video: UTube video by HHJ Edmunds on new PTPH2: HMCTS:  11 July 19. See here for all Crown Court DCS training Guides and videos.

Working with us to tackle cartels: Sean McNabb, Director –Cartels, CMA with hyperlinks to updated campaign page, online reporting form, case studies, cartel checker and how to report a cartel video.

General Statement on international cooperation on cybercrime: by A-Gs for UK, US, NZ, Australia and Canada: 31 Jul 19.

SFO Leadership Review: HMCPSI 22 Jul 19: main finding, the focus on delivery of casework meant management was often neglected.

NEWS

FCA: Market Watch 60 re control of access to inside information, following conviction of a compliance officer for insider trading: 1 Aug. 19; plan for phased implementation of anti-fraud SCA (Strong Customer Authentication): 13 Aug 19

NCA: AFOs obtained on 8 bank accounts totalling £100m: 14 Aug 19.

SFO: De La Rue plc investigation opened re South Sudan: 26 Jul 19; further charges in Global Forestry Investments: 31 July 19;


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Tony Shaw QC

Tony Shaw QC These monthly Fraud Newsletters are a very succinct summary of fraud cases and matters which have occurred in the preceding four weeks. Their aim is let you check that you have missed nothing of importance. If you need more detail it can be obtained by using the hyperlinks. The newsletters are as opinion free as possible!

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