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29 November 2007
Issue: 7299 / Categories: Legal News
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HMRC accused of systematic disclosure failures

News

A crown court judge’s decision to stay proceedings in a carousel fraud trial highlights HM Revenue & Customs’ failure to make proper disclosure in criminal proceedings, lawyers say.

R v Vocaturo and others involved allegations of carousel fraud and money laundering in excess of £100m. Vocaturo made an application to have the matter stayed as an abuse of process because of the prosecution’s refusal to disclose 8,000 pages of his business trading records, despite repeated defence requests over 12 months.

Staying proceedings, Judge Teare said: “Even after present counsel have been in control of this case for three or four months, material has been kept from them and the disclosure officer until the date of the trial.”
The prosecution appealed in Vocaturo but the decision was upheld by the Court of Appeal.

Colin Wells, a barrister at 25 Bedford Row, says the decision follows a line of prosecutions which have resulted in a stay or the quashing of a conviction, based on disclosure problems. “Yet again customs’ systematic disclosure failures have led to a stay of criminal proceedings as an abuse of process,” he adds.

Missing trader intra community fraud (carousel fraud) cases involve a number of buffer companies and freight forwarders, leading to more disclosure requests as defendants seek to prove their innocence.

Issue: 7299 / Categories: Legal News
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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

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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