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24 July 2008
Issue: 7331 / Categories: Legal News , Legal services
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Extended fraud powers will benefit justice

Legal news update

Proposed government measures to tackle fraudsters have been met with enthusiasm by the legal profession which sasy that the stronger powers could help restore faith in the criminal justice system.

The consultation from the attorney general’s office—Crown Court Powers—states that the government intends to increase court powers to strike convicted fraudsters from professional registers and pay full compensation to their victims. Gary Miller of the fraud group at Mischon de Reya says the proposals are welcome and will hopefully change the perception of the UK being a soft touch for fraudsters. “There is no doubt in our minds that the more our criminal justice system focuses on taking the money out of the fraudsters pockets and reduces the burden of proof in this context to the civil standard, that is, on the balance of probabilities, then the safer both corporate and individual Britain will be from fraudsters,” says Miller.

He continues:“It makes perfect sense to give the Crown Court the same powers as the civil courts and other regulatory and disciplinary bodies to strike off dodgy professionals, in fact, because proceedings by self regulatory bodies tend to be slow and bureaucratic and perceived by the public to be biased in favour of the dishonest professional this could have an important effect on restoring the public’s faith in the criminal justice system.”

Issue: 7331 / Categories: Legal News , Legal services
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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