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10 January 2019 / Jason Woodland
Issue: 7823 / Categories: Features , Procedure & practice , Profession , Criminal
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Between a rock & a hard place?

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Jason Woodland on parallel criminal & civil proceedings

  • Two recent court decisions reaffirm that there must be a ‘real’, rather than merely ‘notional’, risk of injustice when applying to stay civil fraud claims because of a related criminal investigation.

Defendants to civil proceedings for fraud will often find themselves also subject to parallel criminal proceedings or investigations. This can leave the defendant in a difficult position: how to deal with the civil claim before knowing the extent of the criminal charges or the evidence relied on by the prosecution?

Uncompromising approach

In recent times, the civil courts have taken an uncompromising approach to defendants faced with this problem, and required them to deal with both sets of proceedings in parallel. A defendant faced with this situation is often perceived as trying to ‘play the system’ and avoid setting out their position. As the judge put it in Panton v Financial Institutions Services Limited [2003] UKPC 95, [2003] All ER (D) 294 (Dec) ‘a stay would not be granted

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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