Fraud

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"The contents of this new edition cover every aspect of the modern fraud lawyer’s practice"

The much-anticipated ruling of the Supreme Court in Philipp v Barclays Bank, which overturned the Court of Appeal’s decision, is discussed from the perspective of consumer safeguarding, in this week’s NLJ.

The Supreme Court has not rescued consumers who are the victims of APP fraud, but neither has it left them wholly unprotected: Michael Brown, Charlie Shillito & David McIlroy report on the judgment in Philipp v Barclays Bank

Banks do not owe a Quincecare duty to individual customers, the Supreme Court has held unanimously in Barclays Bank UK v Philipp [2023] UKSC 25

Non-lawyer Nick Ephgrave, a former assistant commissioner of the Met Police (2019-2022) and chief constable for Surrey police (2015-2019), has been appointed as the Director of the Serious Fraud Office (SFO), replacing Lisa Osofsky

Holding your tongue? Mary Young considers when a party’s right to silence applies in civil proceedings

Employee fraud is on the rise: Rakesh Kapila considers some examples & highlights the forensic accountancy techniques which may be deployed when investigating it

Sophia Purkis examines the enforcement of Bankers Trust orders on overseas banks in light of the new gateway for third-party information orders

The government is legislating against SLAPPs (strategic lawsuits against public participation) for the first time in the UK, via amendments to the Economic Crime and Corporate Transparency Bill.

Who put the civil into proceeds of crime cases? Civil remedies such as account freezing (AFOs) and forfeiture orders have come to dominate what was once an overwhelmingly criminal concern, Hickman & Rose partner Andrew Katzen and associate Olivia Dwan 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: The road ahead for employment rights

Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ

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: 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: SLAPPed shut?

From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics

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Fraud

MOVERS & SHAKERS

Hugh James—Phil Edwards

Freeths—Melanie Stancliffe

DAC Beachcroft—Tim Barr