Law and the Justice System

Conditions inside youth prisons have worsened and reoffending rates are higher

The SFO has today confiscated the realisable assets of Nicholas Levene, the former City trader who was found guilty of fraud in 2012. When Levene was handed a confiscation order in March 2013, due to bankruptcy proceedings, his available realisable assets totalled £1. Today, the SFO has confiscated approximately £118,000 of Levene’s assets.

https://www.sfo.gov.uk/2019/10/31/ponzi-fraudsters-assets-confiscated/

When is a crime not a crime? In Scotland, one might ponder whether an example is when fraud is committed during a civil claim. In personal injury claims, the F word is still a dirty one. To paraphrase Verbal Kint, the greatest trick the Scottish fraudster ever pulled was convincing the courts he didn’t exist. Coincidentally, those with experience in the field may question whether the final scene of The Usual Suspects was inspired by a fraudulent claimant leaving a medical examination.

https://www.scotsman.com/news/crime/steven-smart-without-reform-scotland-s-civil-courts-will-attract-fraudsters-1-5037467

Following a comprehensive, evidence-based review of advocate fee schemes, the Crown Prosecution Service (CPS) will implement a range of reforms to the fees paid to prosecution Counsel from 1 February 2020. This follows the introduction of an interim package of measures on 1 September this year.

https://www.cps.gov.uk/cps/news/revised-fees-schemes-prosecution-advocates

A Treasury committee has told banks they must do more to protect and reimburse consumers exposed to financial crime.

https://www.yourmoney.com/saving-banking/mps-demand-banks-do-more-to-tackle-economic-crime/

Sir Martin Narey says focus should be on treating inmates with decency and dignity

Forum shopping is perhaps a lesser known phrase to some, but following an announcement last month that the Government Actuary has recommended the Scottish personal injury discount rate be fixed at -0.75 per cent, it is something the insurance industry will be acutely aware of.

https://www.scotsman.com/lifestyle/kate-donachie-scotland-set-to-become-first-choice-to-bring-personal-injury-actions-1-5033129

The Ministry of Justice has provided an unsatisfactory response to a Freedom of Information Act request on how the figures for the new whiplash damages tariff were calculated, lawyers have claimed.

https://www.legalfutures.co.uk/latest-news/lawyers-attack-governments-foi-response-on-whiplash-tariff

Do you remember the fallout from the Panama Papers? Do you remember HMRC’s response pledging to prosecute 100 wealthy individuals and corporates per year by 2020? Do you remember the new corporate offence of failure to prevent the facilitation of tax evasion announced with much fanfare as part of the Criminal Finance Act 2017?

https://www.kingsleynapley.co.uk/insights/blogs/criminal-law-blog/the-corporate-offence-of-failure-to-prevent-the-facilitation-of-tax-evasion-two-years-on

A senior finance manager convicted of fraud must repay £220,000 or face another three years in jail, a judge has ruled.