Law and the Justice System

Delays to fraud cases in England and Wales have doubled in eight years, prompting fresh criticism that not enough is being done to deliver justice.

The rise in delays came despite the number of fraud cases coming through the courts dropping to barely a third of 2014 levels, according to the analysis by the Criminal Bar Association (CBA).

A CONVICTED fraudster and money launderer has been ordered to pay back nearly half a million pounds in money gained through crime or else face five years in prison.

Arthur Wilder must pay back the money within three months or face going back to jail after a court ruling made this week.

Against a backdrop of increasing client account fraud, we consider the Commercial Court’s recent judgment on the meaning of “condoning” in the context of the fraud and dishonesty exclusion in a Solicitors’ Professional Indemnity Insurance policy. The decision also looked at issues of aggregation and sham partnership but these are not the focus of this article.

https://www.kennedyslaw.com/thought-leadership/case-review/2023/to-condone-or-not-to-condone-fraud-is-the-question/

The Criminal Finances Act 2017 has resulted in civil law proceedings dominating Proceeds of Crime law. In a blog, Andrew Katzen and Olivia Dwan analyse this trend, and ask what it means for practitioners and targeted individuals.

https://www.hickmanandrose.co.uk/?p=1652

A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.

https://www.pinsentmasons.com/out-law/news/failure-prevent-fraud-offence-apply-uk-large-organisations

New offence will make it easier to prosecute a large organisation if an employee commits fraud for the organisation’s benefit.

https://www.gov.uk/government/news/new-crackdown-on-fraud-introduced-by-home-office

UK regulators in the financial services, telecoms and professional services sectors could be placed under a statutory duty to prevent economic crime under a proposal set out by a UK law maker.

https://www.pinsentmasons.com/out-law/news/failure-prevent-economic-crime-duty-proposed-uk-regulators

The UK’s Serious Fraud Office (SFO) on Friday said it would be dropping its case against three former G4S executives over claims they defrauded the UK government of tens of millions of pounds.

https://www.cityam.com/calls-to-overhaul-antiquated-trial-rules-grow-as-sfo-forced-to-drop-g4s-case/

New proposals to reimburse scam victims are "half-baked” without further action from the regulator, the Treasury Committee says today.

https://committees.parliament.uk/committee/158/treasury-committee/news/186480/treasury-committee-proposals-to-reimburse-scam-victims-halfbaked/

The current legal basis for holding corporates responsible for wrongdoing has long been criticised.

https://www.ftadviser.com/investments/2023/03/06/what-the-impending-failure-to-prevent-fraud-bill-means-for-uk-companies/