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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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