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Legal Articles and Expert Perspectives - Page 23 of 45

Jun
2015

Don't Go For Broke 4 min read
June 2, 2015
Why mortgage brokers have to be more careful than ever about the risk of fraud. Read more

Jun
2015

Surveying The Risk 4 min read
June 2, 2015
Since the start of the 2014-15 financial year, HM Revenue and Customs (HMRC) has been responsible for monitoring the risk of money laundering among estate agents. Which is why estate agents have to take precautions. Read more

May
2015

Foreign Intercepts 6 min read
May 26, 2015
Challenging Admissibility It is well known that material gathered from intercepted phone calls cannot be evidence in a criminal trial in this country.  In fact s17 of the Regulation of Investigatory Powers Act 2000 (“RIPA”) provides that it is unlawful even to ask questions in Court about the existence of intercept material.  The reason is to avoid the general public learning of the authorities’ abilities and, more to the point, what the authorities cannot do.  This prohibition must surely end one of these days – many prosecutors feel frustrated that they cannot use such material; equally many defendants feel that the Crown have in their possession material that may assist their defence. Read more

May
2015

Law Tactics & Strategy in Defending in Conspiracy Allegations 6 min read
May 5, 2015
Definition of ConspiracyThere are two types of conspiracy – statutory and common-law.  Common law conspiracy was abolished by the Criminal Law Act 1977, though even with the dawn of a the statutory regime for fraud offences under the Fraud Act 2006 we still see the Crown using the common-law offence of conspiracy to defraud and cheating the Revenue; these common law conspiracy offences were expressly preserved by the 1977 Act.  The common law offence of conspiracy to defraud has been described in Parliament as “repellent” and the Law Commission has suggested the offence is far too wide; see now R v Evans, Cardiff Crown Court (18/2/14).  However, in this article we will concentrate on what is by far and away the most common of conspiracy allegations; statutory conspiracy.  Under section 1 of the Criminal Law Act 1977 it is an offence “if a person agrees with any other person or persons that a course of conduct shall be pursued which, if the agreement is carried out in accordance with their intentions…” results in the commission of an offence. Read more

Apr
2015

The Price Of Advice 4 min read
April 7, 2015
Major pension changes are coming. And they will place a special responsibility on pension brokers and independent financial advisers. Read more

Apr
2015

A Little Local Trouble Big Tax Avoidance Problems At HSBC 4 min read
April 7, 2015
HSBC has called itself the world’s local bank. Revelations about its tax avoidance tactics have made it globally notorious and emphasised the continuing dangers of tax avoidance schemes. Read more

Apr
2015

Extra For Forex 5 min read
April 7, 2015
Plans for tighter restrictions on Forex mean that the value of compliance can only rise in this sector, argues Aziz Rahman. Read more

Apr
2015

Seeking Disclosure 3 min read
April 7, 2015
A number of high-profile investigations have seen some of the best known commercial institutions placed under intense scrutiny. If and when any trials result from this, the issue of disclosure could prove vital in determining the outcome. Read more

Apr
2015

Signing On 4 min read
April 7, 2015
From this month, ten of Britain’s banks will voluntarily give the National Crime Agency the account and transaction details of those suspected of money laundering. Aziz Rahman considers whether this will actually make prosecutions any easier. Read more

Apr
2015

The Exclusion Of Unlawfully Obtained Evidence 6 min read
By Azizur Rahman April 2, 2015
When a breach of the rules leads to evidence being excluded.Those charged with serious offences will have a considerable amount of time to ponder the evidence against them and conclude that some aspect of the evidence has been obtained illegally; e.g. by improper telephone intercept or by use of a participating informant.  At this point it is time to ask the question that the trial Judge will ask, ‘so what?’ Read more

Legal Articles and Expert Perspectives

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