November 12, 2021
There is a heavy emphasis on white collar fraud, bribery & corruption, money laundering and regulatory compliance and the case reviews include the following:
• R v Barton & Booth [2021] QB 685 on the concept of dishonesty in criminal law and the doctrine of precedent
• Meng v HSBC Bank plc [2021] 2 WLR 1153 on the proper application of the Bankers’ Books Evidence Act 1879
• SFO v Airbus SE [2021] Lloyd’s Rep FC 159 on the legal framework for Deferred Prosecution Agreements
• R (Director of Legal Aid Casework) v Southwark Crown Court [2021] 1 WLR 2779 on the capital contribution under the VHCC regime
• Polakowski v Westminster Magistrates’ Court [2021] 1 WLR 2521 on the EAW regime after Brexit
• HMRC v Mann [2021] EWHC 1182 (Admin) on the cash seizure provisions within POCA 2002
• R (Russnak-Johnston) v Reading Magistrates’ Court [2021] 1 WLR 2444 on planning contravention notices
• Barnet LBC v Kamyab [2021] 1 WLR 4860 on the CACD’s powers on a prosecution appeal in confiscation
• Privacy International v Investigatory Powers Tribunal [2021] 2 WLR 970 on computer hacking warrants
• Fernando v Savananthan [2021] EWHC 652 (Admin) on residual diplomatic immunity
• James v White Lion Hotel [2021] 2 WLR 911 on the intersection of criminal and civil liability
• Hamilton v Post Office Ltd [2021] 1 Cr App R 17 on appeals against conviction in private prosecutions by the Royal Mail
• R v A, B, D & C [2021] 2 WLR 1301 on the French authorities’ cracking of the EncroChat secure communications platform
• R (KBR Inc) v SFO [2021] 2 WLR 335 on the territorial reach of section 2(3) of the Criminal Justice Act 1987
• Biffa Waste Services Ltd v Environment Agency [2021] Env LR 4 on the trans-frontier shipment of waste
• R (Highbury Poultry Farm Produce Ltd) v CPS [2021] 2 All ER 145 on strict liability in animal welfare regulations
• Mirchandani v Lord Chancellor [2021] Lloyd’s Rep FC 11 on private prosecutions, confiscation and the demarcation of criminal and civil proceedings
• R v Reynolds (Nicolas) [2020] 4 WLR 16 on the adequacy of the summing up in an SFO corruption prosecution
• R v CB; R v Mohammed [2020] 2 Cr App R 305 on prosecution disclosure of mobile phones and electronic devices
• R v Andrewes (Jon) [2020] Lloyd’s Rep FC 557 on proportionality in confiscation proceedings
• Ashbolt v HMRC [2020] STC 1813 on search warrants in aid of an investigation into ‘loan charge’ fraud
• R v Black (Ludovic) [2020] EWCA Crim 915 on an SFO prosecution of a fraudulent investment scheme for renewable energy
• R (C) v DPP [2020] 4 WLR 158 on a European Investigation Order relating to Encrochat communications
• Fuseon Ltd v Senior Courts Costs Office [2020] 2 Cr App R 2 on the reduction of costs awarded to a private prosecutor
• SFO v G4S Care and Justice Services (UK) Ltd (Case No: U20201392) on corruption in respect of a huge government contract
• NCA v Hajiyeva [2020] 1 WLR 3209 on the ‘Politically Exposed Person’ test, the income requirement and privilege in UWOs
• Official Receiver v Skeene & Bowers [2020] EWHC 1252 (Ch) on an alleged Ponzi fraud in respect of an ethical investment scheme
• R v Roth (Boruch) [2020] 4 WLR 130 on confiscation following breach of a planning enforcement notice
• R v Smith (Andrew) [2020] 1 Cr App R 23 on a Consumer Protection Regulations notice as an article for use in fraud
• R (Terra Services Ltd) v NCA [2020] 1 WLR 1149 on public interest immunity relating to a Mutual Legal Assistance request
• Re National Crime Agency [2020] 1 WLR 3224 on cash investigations, detained property investigations and frozen funds investigations
• NCA v Hussain [2020] 1 WLR 2145 on Unexplained Wealth Order hearings being held in private
• R v Haque (Mohammed) [2020] 1 WLR 2239 on when property becomes criminal for the purpose of the money laundering offences
• R (Johnson) v Westminster Magistrates’ Court [2020] 2 All ER 271 on a private prosecution for alleged lies during the EU Referendum campaign
• R Whatcott (Christopher) [2020] Lloyd’s Rep FC 65 on the determination of civil law principles in criminal proceedings
• ACL Netherlands BV v Lynch [2019] EWHC 249 (Ch) on the use in criminal proceedings of documents obtained in civil discovery
• R v Alstom Network UK Ltd [2019] Lloyd’s Rep FC 45 on the trial of a corporate defendant in the absence of its ‘Directing Minds and Will’
• CPS v Aquila Advisory Ltd [2019] Lloyd’s Rep FC 358 on competing claims to the identified proceeds of a fraud
• R v Bush & Scouler [2019] Lloyd’s Rep FC 210 on the prosecution of senior Tesco executives for fraud by abuse of position and false accounting
• HSE v Faltec Europe Ltd [2019] 4 WLR 77 on sentencing corporations for major Health & Safety breaches
• R v Fulton (Gary) [2019] Lloyd’s Rep FC 263 on confiscation following conviction for laundering the proceeds of large-scale revenue fraud
• R v Panayi (Andrew) [2019 2 Cr App R (S) 21 on confiscation following breach of a planning enforcement notice
• Shepherd v Information Commissioner [2019] 1 Cr App R 29 on reverse burdens of proof under the Data Protection Acts 1998 & 2018
• R v D [2019] 2 Cr App R 15 on the need for a legal disclosure obligation when charging fraud by failure to disclose information.
• Volaw Trust & Corporate Services Ltd v Jersey Comptroller of Taxes [2019] STC 2066 on the privilege against self-incrimination in tax investigations
Since CrimeCast.Law was launched a year ago, an average four new video reviews have been added to the website every week. For free and instant access to all the reviews, visit [Crime Cast Law]