Fraud

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The ‘good arguable case’ test is under debate. Alan Sheeley & Sara Esfandyari explain how clearer wording could help practitioners and fraud victims

Freezing orders in fraud cases, The Niedersachsen threshold and the jurisdiction test come under scrutiny in this week’s NLJ

Performative law-making or a driver for real change? The Economic Crime and Corporate Transparency Act 2023 is dissected and examined in this week’s NLJ by Tom Forster KC and Katie Bacon

The Post Office treated the wronged postmasters inexcusably. But let’s not throw the baby out with the bathwater, argues Kate McMahon

The Post Office Horizon scandal has led to calls for reform of the private prosecution system, but this would be a ‘tragic irony’, Kate McMahon, partner at Edmonds Marshall McMahon, writes in this week’s NLJ

In the age of digital data, search orders may have had their day. Mary Young argues that both search & imaging orders need to be redesigned

The fraud review & a starter for ten…David Corker provides Jonathan Fisher KC with some useful pointers

How might the Serious Fraud Office have fared in a prosecution like that of Sam Bankman-Fried, currently ongoing in the US?

Nicholas Yeo & Ryan Dowding discuss provisions for victims & true owners to chase frozen & forfeited funds

Tucked within the Economic Crime and Corporate Transparency Act 2023 is a provision with ‘profound implications’ for victims of crime, Nicholas Yeo and Ryan Dowding, both barristers at 3 Raymond Building, write in this week’s NLJ

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MOVERS & SHAKERS

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Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS

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Changing faces

David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle

NLJ this week: Presumption of capacity reaffirmed

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

NLJ this week: Justice delayed, justice denied

Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly

NLJ this week: Days numbered for upwards-only rent reviews

Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill

NLJ this week: Big tech for small firms

Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs

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Fraud

MOVERS & SHAKERS

Hugh James—Phil Edwards

Freeths—Melanie Stancliffe

DAC Beachcroft—Tim Barr