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Date posted on UnjustIS

FSA deals blow to landbankers

The chief City regulator has forced another landbanking company to shut its doors, leaving hundreds of investors with land worth a fraction of the price they paid. Guildford-based Rubicon Estates, which bought fields at farmland prices and then sold small plots to investors at higher prices in the expectation of valuable planning permission being granted within "five to 20 years", has ceased trading following a Financial Services Authority enquiry. See also: Alerts section

Guardian

29 Jan

Victim of crooked lawyer got "full restitution’
A Halifax man ripped off by his lawyer knew nothing of the crime until Srinivasen Pillay was suspended from practice two years ago. "It would have been very bad for me," Charles Lamont said during a telephone interview from his Halifax home. When news broke in The Chronicle Herald that Mr. Pillay had been suspended for three months while auditors reviewed his handling of client trust accounts, Mr. Lamont said a family friend and executor of his mother’s estate gave him a call. Mr. Pillay had handled Mr. Lamont’s mother’s estate.(Canada)

Chronicle Herald

26 Jan

Solicitor admits theft

A FORMER solicitor who lost £250,000 through his business and a property deal admitted theft and criminal damage when he appeared at Worcester Crown Court. Andrew Dutton, aged 61, of Longmead Chambers, Birtsmorton, was said to be penniless and eking out his £100-a-week benefit by offering legal advice on a website. Giving him a two-year conditional discharge, Judge John Cavell told him: "It's tragic to see a man of your professional background standing in the dock at crown court over what is a civil dispute. You behaved extremely stupidly."

Malvern Gazette

26 Jan

Community sentence for former judge who downloaded child porn

A former crown court judge, found to have 75 pornographic images of boys on his laptop computer, was yesterday sentenced to a 12-month community rehabilitation order. David Selwood was told that the courts looked "gravely" on the offences he had committed because they involved "exploitation and abuse of children". After Selwood, 70, was sentenced, campaigners called for further detailed investigations into cases involving offences against children which he heard as a judge. Natasha Finlayson, of the charity ChildLine, said: "His authority to make judgments in cases involving offences against children must surely be called into question."

Guardian

First reported here on

14 Jul 2004

EXCLUSIVE: OFFICER HUNTING PAEDO COPS WAS WEB PERVERT

A TOP cop groomed a girl of 12 for sex while working undercover to catch paedophiles in the police.
Flying Squad Detective Constable Glen Algar, 44, also downloaded and made 168 porn pictures of children. He spent five months grooming a schoolgirl called Lucy in an internet chatroom and sent her indecent films and text messages. But it was a trap set by suspicious colleagues and she was actually another police officer. Algar, married with two children, yesterday admitted 17 charges of online abuse including inciting a child to have sex. He had 25 years police service including rooting out bent officers.

Mirror

Update 08 Mar:

Glen Algar jailed

26 Jan

Child porn sentence is condemned

Children's charities have condemned a judge's decision not to jail a man who downloaded child pornography, amid the row about prison overcrowding. Judge John Rogers QC suspended Derek Williams' sentence, saying he had to consider a Home Office request to jail only the most serious offenders. The lord chancellor has denied claims by opposition MPs that the judiciary's discretion appeared to be influenced.

BBC

26 Jan

Lawyer 'planned sex with child'

A solicitor has been ordered to do 180 hours community service after asking a prostitute to arrange sex for him with a mother and an underage girl. Glasgow Sheriff Court heard how Ian Donnelly had sneaked away from his office for the encounter, but the vice girl called police and he was arrested. Officers later found child pornography on Donnelly's home computer. Donnelly, 43, who had admitted a number of charges, was also put on the sex offenders' register for three years. The personal injury solicitor, who worked for Lloyd Green in the city's Cadogan Square, was also placed on probation for three years and ordered to take part in counselling. (Unlikely to be struck off, though. UJ)

BBC

25 Jan

Call for delay to legal aid plans

Senior judges have called on the Government to delay plans to reform the £2 billion legal aid scheme, saying that they risk imperilling access to justice. Sir Anthony Clarke, Master of the Rolls, urged a delay to the changes for civil cases to ensure that they did not drive out experienced solicitors. Sir Mark Potter, head of the High Court Family Division, said that he would like to see a year’s delay in reforms affecting family cases. The proposals risked rewarding “the ineffective”, he said.

Times Online

24 Jan

United Kingdom: Court Of Appeal - Checking The Spiralling Costs Of Claimants’ Solicitors?

The rules relating to Conditional Fee Agreements ("CFAs") entered into post 1 November 2005 have now been relaxed. A distinction has to be drawn between CFAs entered into after this date, when the CFA (Revocation) Regulations apply, and those entered into prior to that date when the old regulations apply and where technical challenges are still possible.

Mondaq

24 Jan

Fresh concerns raised over Magistrate's IT system

The court IT system has come under renewed attack from Britain's
Magistrates in an unprecedented protest letter to Prime Minister Tony
Blair. The letter to Downing Street complains that the system is 'far from joined up' and 'severely out of date with no apparent prospect on immediate improvement'. But the overall complaint in the letter signed by Magistrates Association chairwoman Cindy Barnett and other association leaders is that the lack of resources for local justice has already been brushed aside by Lord Chancellor Lord Falconer.

Computing

23 Jan

McCormicks to split following rare MBO

Yorkshire stalwart McCormicks is to split in two following a management buy-out by six junior equity partners at the firm’s Leeds office, it was announced today (23 January). The unusual move will see the six-strong group take over the partnership shares of founding partner Peter McCormick, litigation partner Neil Goodrum and corporate crime partner Geoff Rogers and relaunch the firm’s 24-year old Leeds office as Clarion Solicitors.

Legal Week

23 Jan

Boiler rooms are starting to feel the heat

The average victim of cold-call share-selling scams loses an astounding £20,000. Iain Dey looks at a multi-agency bid to nail the fraudsters. The City of London Police has launched a nationwide operation to hunt down the individuals behind the flood of so-called boiler room investment scams that are ripping off British investors. Concerns have been mounting for several years about the growth of boiler rooms – unauthorised operations based overseas that cold-call UK investors and use high-pressure sales techniques to persuade them to buy worthless shares.

Telegraph

23 Jan

FSA sets up dedicated team to tackle financial crime

The chief City watchdog yesterday warned that criminals targeting banks and other financial institutions would become increasingly successful without a more determined crackdown. The Financial Services Authority said it had created a dedicated team, drawn from staff working across the organisation, to tackle organised financial crime.

Guardian

23 Jan

City lawyers attack new Fraud Act

Lawyers have raised serious concerns about the workability of the new Fraud Act, just seven days after it came into force. On the whole the Fraud Act 2006 has been welcomed by the legal profession as, for the first time, most offences deemed as fraud are under one statute. Two of the new offences - fraud by failing to disclose information and by abuse of position - have, however, raised more than one lawyer's eyebrow.

The Lawyer

23 Jan

Limitation period does not apply

Chancery Division
Published January 23, 2007
Cattley and Another v Pollard and Another
Before Mr Richard Sheldon, QC
Judgment December 7, 2006
The exception to the normal period of limitation for actions in respect of trust property in section 21(1)(a) of the Limitation Act 1980, only applied to breach of a trust by an express trustee and did not apply to a claim brought against a defendant alleging that she had dishonestly and knowingly assisted in the fraudulent breach of the trust.

Times Online

23 Jan

Cut-price justice fails crime victims, say JPs

The criminal courts are in meltdown with a severe cash crisis forcing offenders to be sentenced on the ground of cost, not justice, magistrates say.  In an indictment of the Government’s penal policy they have told Tony Blair in a letter that his vision for criminal justice is failing and that a string of initiatives has “severely undermined public confidence” in the justice system.

Times Online

23 Jan

Jailed ex-ambulance chief Trevor Molton ordered to pay back thousands

FRAUD investigators have welcomed the news that a former ambulance chief currently serving three years in prison for fraud will have to pay back more than £140,000 to the National Health Service (NHS). Trevor Molton, 51, of Middleton, near Pickering, is a former chief executive of West Yorkshire Metropolitan Ambulance Trust (WYMAT) - now part of the Yorkshire Ambulance Service (YAS).

York Press

20 Jan

Bank loses $1.1m to online fraud

Internet fraudsters have stolen around 8m kronor ($1.1m; £576,000) from account holders at Swedish bank Nordea. The theft, described by Swedish media as the world's biggest online fraud, took place over three months. The criminals siphoned money from customer's accounts after obtaining login details using a malicious program that claimed to be anti-spam software.

BBC

20 Jan

Council clerk admits £65k fraud

A community council clerk from Gwynedd has pleaded guilty to 18 charges of false accounting worth £65,860. Sian Wyn Francis committed the offences whilst working as the clerk to Criccieth, Llanbedrog, Llannor and Boduan community councils in Gwynedd. Judge Merfyn Hughes QC told Francis, from Llanarmon near Pwllheli, she had committed the offences at a time she was in a "position of trust".

BBC

20 Jan

Revenue worker jailed for fraud

An Inland Revenue worker involved in a tax scam has been jailed for 30 months. At Edinburgh Sheriff Court, Imran Ayub, 25, of Woodlands, Glasgow, pleaded guilty to defrauding the Inland Revenue of £146,377 between 2003 and 2004. He was working as an advisor on the Tax Credit Helpline based in Livingston and passed on confidential information about genuine claimants to others.

BBC

20 Jan

Jail for £600k Town Hall fraud

‘Guilty, guilty’ says trusted council finance man who bought home in caribbean (sic) with elderly’s cash. ONE of the Town Hall’s senior and trusted finance officers has been told he will go to prison for stealing more than £600,000 from Camden’s most vulnerable residents. John Walter Baptiste, 57, confessed to the swindle at Wood Green Crown Court on Friday morning. He helped himself to cash that Camden Council was supposed to be looking after on behalf of residents unable to deal with their own financial affairs. His victims included mentally ill and elderly service users

Camden New Journal

19 Jan

Q&A: Foreign crimes vetting

A senior Home Office civil servant has been suspended over the failure to provide police with details of crimes committed by Britons in Europe. Home Secretary John Reid is to face questions from MPs. We look at the controversy.
How did this come to light?
It emerged in evidence presented by the Association of Chief Police Officers (Acpo) - which covers England, Wales and Northern Ireland - to the Commons home affairs select committee.

BBC

17 Jan

Blair dismisses civil liberty dangers of super-database

Tony Blair tried yesterday to allay fears that the Government is planning to create a Big Brother-style "super-database" after criticism from civil liberties groups. The Prime Minister told a seminar at Downing Street that "perfectly sensible" plans to share information held by government departments had been misrepresented. He insisted the aim was to improve the performance of public services, so that people no longer had to give details repeatedly to different parts of the government machine.

Independent

17 Jan

400 lawyers unite to reject legal aid plans at LawSoc SGM

Around 400 solicitors gathered at Chancery Lane today (17 January) to unanimously back a motion rejecting the Government’s controversial reforms for the UK’s legal aid system. At a Special General Meeting (SGM) held at the Law Society’s headquarters, the lawyers - most of whom are legal aid practitioners - gave their overwhelming support to a motion tabled late last year by Southampton practitioner Roger Peach. The manifesto calls for solicitors to reject the Government’s proposals to introduce competitive tendering between firms and the awarding of fixed-length contracts for legal aid work. It also urges the Law Society to renegotiate fresh terms for criminal defence contracts.

Legal Week

17 Jan

Solicitor can challenge tribunal's findings

Court of Appeal
Published January 17, 2007
Simms v Conlon and Another

Findings of dishonesty in proceedings against a solicitor by the Solicitors’ Disciplinary Tribunal were inadmissible in evidence in a subsequent partnership action and it was not an abuse of the process of the court for that solicitor in those proceedings to challenge by way of collateral attack the tribunal’s conclusions. The Court of Appeal so held in a reserved judgment when allowing an appeal by the defendant, Paul Francis Simms, former senior partner of the Bower Cotton Partnership, from the decision of Mr Justice Lawrence Collins ([2006] EWHC 401 (Ch)) that the claimants, Michael Ambrose Conlon and Roger Harris, former partners of the defendant, were entitled to damages for his fraudulent failure to disclose dishonesty.

Times Online

17 Jan

PI Insurance: Limits Of Indemnity

Insurers now face potential risks for costs above their limit of liability. In a recent case professional indemnity insurers were ordered to pay the claimant’s legal costs of up to £1m, in addition to the limit of indemnity of £2m. This is the first time that the court has exercised its power to award costs against a non-party in a PI context.

Mondaq

16 Jan

Solicitor jailed for £100k theft

A solicitor has been jailed for stealing almost £100,000 from clients to compensate others he had failed. Jeremy Langworthy, 48, of Abergavenny, admitted taking money from accounts to make up "acceptable" compensation sums for other clients. Prosecutor Michael Mather-Lees told Merthyr Crown Court: "Langworthy was effectively robbing Peter to pay Paul." He was jailed for 18 months after admitting seven charges of theft totalling £99,400 and one of forgery.

BBC

16 Jan

Government looks at data shake-up

The way the government makes its vast amounts of data available to the public could be about to change. It has decided to make access to a database of UK laws completely free for the public to access and re-use. It marks a "sea-change" in the way government information becomes available to the public, a senior civil servant has told the BBC News website. It is a victory for campaigners who think public sector information should be free for the public to use. (Not before time. UJ)

BBC

13 Jan

The doomed government websites

Worried what you may miss with the planned closure of 551 government websites? Use the link, right, for the list of links that are still active - for now.

BBC

13 Jan

Crown Prosecution Service Chief Executive appointed

Peter Lewis has been appointed Chief Executive Officer of the Crown Prosecution Service from 15 January. Currently the CPS Director of Business Development, Mr Lewis is the first Chief Executive to be appointed from within the Service. Director of Public Prosecutions, Sir Ken Macdonald QC said today: "I am delighted to announce the appointment of Peter Lewis as Chief Executive and I am very much looking forward to working with him. "Peter's dedication and success as our first Director of Business Development bodes very well for the challenges that his appointment as CEO will bring."

Crown Prosecution Service

11 Jan

Solicitor who drew up his mother’s will to inherit her fortune defeated in court

A Borehamwood solicitor drew up his mother's will without her knowledge or approval' in order to inherit part of her large estate, a High Court judge has ruled. Morley Franks, 63, a partner in Turner & Debenhams, in Shenley Road, had hoped to prove a will he drew up in 1994 was valid, but Mr Justice David Richards said the solicitor was not a witness on whose evidence I can rely' and not telling the truth'. Mr Franks has been practising in Borehamwood since 1978, first as a partner in Measures Franks & Co until 2004, then when it merged with Turner & Debenhams. He specialises in wills and probate laws. This week, his firm refused to comment on his position following the judgement, which took place at the High Court in December.

This is Hertfordshire

11 Jan

Surprise as interest rate is raised

Homeowners were dealt a New Year blow today after a shock decision by the Bank of England to raise interest rates for the third time since August. The Bank's Monetary Policy Committee (MPC) increased the cost of borrowing from 5% to 5.25%, making mortgage and loan repayments more expensive for millions in the UK. It was widely thought that rates would stay on hold today, with the markets and some economists forecasting a rise next month. But with inflation currently running well above the 2% target at 2.7% and set to rise further, the MPC hiked rates today.

Independent

11 Jan

Solicitors to sue Lord Falconer

Solicitors are preparing to take the Lord Chancellor to court unless his plans for the £2 billion-a-year legal aid scheme are revised. The Times has learnt that counsel has been instructed by the Law Society, which represents 100,000 solicitors in England and Wales, to examine the prospect of a judicial review challenge.

Times Online

11 Jan

Government pulls plug on agency to seize crime profits

The Government’s drive against organised crime will be dealt an embarrassing blow today when the Home Office announces the closure of the agency set up to seize money from criminals. Tony Blair had promised that the Assets Recovery Agency would target hardened criminals and double the money seized by police and Customs. The agency, which was set up in 2003, had a target of breaking even by this financial year but its latest accounts show that it recovered just £4.3 million while spending £18 million this financial year alone.

Times Online

11 Jan

COPS SWOOP ON 30 FIRMS

SCAMBUSTERS from the Department of Trade and Industry yesterday launched their biggest ever operation to smash organised fraud. Code-named Operation Barber, it involved dawn swoops on 30 companies in Notts, Derbyshire and Leicestershire by 200 DTI officials and police. The companies, which have not been named, are alleged to have been part of a huge conspiracy to fleece genuine businesses by buying goods on credit and then disappearing. Fourteen of the companies have been wound up owing more than £10 million. A DTI spokesman said: "It is alleged that companies established lines of credit to buy easily disposable goods, and then went into liquidation having sold the goods without paying creditors.""

Mirror

11 Jan

Legal aid changes to be debated

Proposed changes to Britain's legal aid system will be debated in Westminster today. The government is aiming to preserve the highest quality of service for vulnerable people by making payments to lawyers based on whole cases and completed work, rather than hourly rates. Legal aid minister Vera Baird claims that this will remove incentives for cases to be "concluded swiftly" and remove the possibility of inefficiency being rewarded. But Citizens Advice believes that the proposed changes could in fact make already difficult situations more problematic for vulnerable Britons by denying them expert advice.

In the News

11 Jan

Woman used a DIY kit to forge dying mother's will

A woman whose mother lay dying of cancer used a DIY will kit to try to cheat her family out of their inheritance. Dinah Lambert was to receive a quarter of her mother's £70,000 estate, splitting it equally with her three step-siblings. But Lambert, 60, decided she did not want to share the cash and used the kit from WHSmith to forge a new will. Now, she is to serve a seven-month jail sentence for the swindle. Manchester Crown Court heard that Lorna Maudsley, 79, was dying of cancer in hospital when her daughter hatched her plan. The retired beautician paid £9.99 for the kit, which contains all the instructions, forms and documents needed to make a will without a solicitor. (A solicitor might have done a better job. But the full story should be read. UJ)

This is London

10 Jan

Ex-lawyer goes bankrupt

A former Shrewsbury lawyer who was struck off for pocketing a client’s cash has declared himself bankrupt. Stephen Morecroft was ordered to pay £22,885.42 in costs by a Solicitors’ Disciplinary Tribunal in May. The hearing was told Mr Morecroft was given £10,897.06 by a client for a deposit on a new home to be bought off-plan. In November 2005 the Law Society intervened in his firm, Morecroft and Co, in Barker Street, Shrewsbury, and officials discovered the firm’s accounts held only £1,194. The tribunal struck off Morecroft after finding a string of allegations, which included accounts rule breaches and failing to act in the best interests of clients, proved against him.

Shropshire Star

09 Jan

Taxman to get bugging and phone-tap powers

TAX inspectors are to be given new powers allowing them to tap taxpayers’ telephones and plant bugs inside their homes and offices. HM Revenue & Customs (HMRC) says its inspectors need such covert surveillance to tackle the growing threat from organised and white-collar crime...“A number of Customs and Excise prosecutions have spectacularly collapsed in recent years due to the abuse by officers of their powers, not because their powers were inadequate,” said Travers. “This is just another example of creeping authoritarianism on the part of this government.”

Times Online

08 Jan

'Tesco Law' comes under renewed fire from leading lawyers

A contentious bill to allow law firms to go into business with other professionals and permit outside investment has come under renewed fire from leading lawyers. The Law Society and the Bar Council have written to members of the House of Lords ahead of hearings on the legal services bill this week to express concerns over the impact of reforms on the independence and regulation of the profession.

Financial Times

08 Jan

Exposed: Fees that shame insurers

When Graham Smith lost a leg in 2004 after a motorcycle accident the previous year, he was happy for his insurer to put him in touch with a solicitor to deal with his injury claim. But even though the other driver admitted liability, the 27-year-old lighting technician's case dragged on. He only realised something was badly wrong with the handling of his case when, four months after losing his leg and still in a wheelchair, Graham had the chance of a part-time job. All the help that his solicitor offered was advice to 'take a bus to work'. Like thousands of others, Graham had fallen victim to the widespread and corrosive practice of 'referral fees', where insurers effectively auction the names of policyholders who are injured in motor accidents to solicitors keen to earn big fees in the attempt to win damages.

This is Money

See also:

When insurers make a policy out of sleaze

08 Jan

Norwich Union embroilled in legal probe

Some solicitors pay up to £10,000 in an auction to represent badly injured people in a bid to get a cut of the financial settlement, a financial investigation has revealed. Most of the country's biggest insurers, including Norwich Union, reportedly invite bids from law firms to represent their policyholders in court.

Norwich Evening News

08 Jan

Wigmakers defiant as judges prepare for new image

Wigmakers are keeping tight-lipped over the latest threat to their livelihood as judges prepare to scrap their wigs in civil court cases. The move will end more than 300 years of legal tradition in civil cases, but the criminal court will continue to don the horsehair head gear, while commercial lawyers have already removed their wigs.

The Lawyer

05 Jan

1,500 law firms at risk as banks get tough

Almost a fifth of the UK’s 9,000 law firms could be forced out of business in the next few years as banks tighten up on lending to the profession, a leading firm of advisers has warned. BDO Stoy Hayward believes that lenders are poised to radically re-assess their once-liberal attitude towards bankrolling law firms and that the legal industry faces a "fundamental change" as a result.

Times Online

05 Jan

Lawyers test litigation funding waters

Moore Stephens, the City-based accountancy and advisory firm, is facing a $173.6m (£90m) negligence claim in one of the largest lawsuits to be brought with the help of independent “litigation funding”. Under such arrangements, third parties, unconnected with either the claimant or defendant and ranging from specialised providers to hedge funds, put up finance to help pursue a claim in return for a share in the proceeds if it succeeds. Litigation funding is in its infancy in the UK, although it has become more established in some overseas jurisdictions, notably Australia. Although controversial, it is seen by some lawyers as a valuable means of advancing bone fide claims. The action against Moore Stephens, filed in London’s High Court just before Christmas, relates to the firm’s role as auditor in the late 1990s for Stone & Rolls, a failed British company linked to Zvonko Stojevic, a Croatian businessman.

Financial Times

05 Jan

Fraudsters net record £1.4bn from business rip-offs

Private equity firms were warned yesterday to beware of fraudsters after a survey showed businesses suffered a 40% jump in fraud last year. The cost of fraud reached record levels to £1.4bn in 2006, up from £1bn in 2005 said accountants BDO Stoy Hayward. The firm's annual FraudWatch survey also argued that unreported fraud, often covered up by companies concerned about their reputation, accounted for 85% of all fraud and had reached a record £5bn.

Guardian

03 Jan

St. Paul Travelers ends contingent fees

HARTFORD, Conn. (AFX) - The St. Paul Travelers insurance company has agreed to stop paying 'contingent commissions' to brokers and agents to steer business to insurance companies, Connecticut Attorney General Richard Blumenthal said Tuesday. In August, the St. Paul, Minn.-based company settled a bid-rigging investigation for $77 million in a deal with Connecticut, Illinois and New York. The company agreed to pay restitution and penalties and adopt reforms. In November, the attorneys general for the three states told St. Paul Travelers and three other major insurance companies that they must end special commissions to agents and brokers by Jan. 1 as agreed to in the earlier settlement. ACE Group Holdings Inc. of Bermuda, American International Group Inc. of New York, Zurich American Insurance Co. Inc. and St. Paul Travelers had agreed to end contingent commissions when 65 percent of an insurance line is sold by companies that don't pay the commissions.

Hemscott

03 Jan

New law helps fight on fraud

The Fraud Act 2006 , which establishes new criminal laws to assist in the fight against fraud, received Royal Assent in November. The Act abolishes the various offences of deception under which fraud has historically been prosecuted and, for the first time, establishes a single statutory offence of fraud. The breadth of the new offence means it is likely to have far-reaching implications. The Fraud Act is part of an ongoing programme of reform. In the Queen’s Speech on 15 November...

Accountancy Age

02 Jan

Business fraud at record levels

Business fraud reached record levels in Britain last year, passing the 1 billion pound mark for the first time, a report said on Tuesday. The level of reported business fraud increased by 40 percent to 1.37 billion pounds, up from just under 1 billion in 2005, according to the annual FraudTrack report from accountants BDO Stoy Hayward. The actual cost to businesses is estimated to be much higher-- at least 5 billion pounds -- because only 15 percent of businesses reported frauds to the police, the report said.

Reuters

02 Jan

England's green and pleasant land falls into the hands of rogue salesmen

People buying pasture plots hoping to reap big profits are often being conned, reports Tony Levene

Alan Reed was drinking a quiet pint in his south London local last July when he noticed an acquaintance across the bar. "I'd seen him in there a few times. He was the sort of person you'd nod to if you were on your own - maybe chat about football," says Mr Reed, a retired supermarket manager, 58. This time the fellow drinker - known to Mr Reed as Tim - didn't want to talk about England's World Cup flops. Instead, he told Mr Reed he was an independent financial adviser who could multiply his savings four to five times over the next four years. Mr Reed says: "The deal involved land.

Guardian

30 Dec