fraud – Law Journals

Recruitment: Financial penalties for CV fraud

Gareth Edwards explores the implications of a recent Supreme Court case in which a former hospice boss who faked his qualifications and experience was ordered to pay nearly £100,000 to the Crown If an employer suspects or discovers that an employee has obtained employment by committing CV fraud, normal criminal, civil and employment law principles …

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Lasting powers of attorney: What can we expect?

Holly Mieville-Hawkins gives the heads up on changes to lasting power of attorney laws The OPG is going to explore how the roles of certificate provider and witness may be merged, without undermining the critical safeguards provided by the role(s). The concept of a power of attorney is not a new one. Powers of attorney …

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Financial provision: Dealing with reality

Helen Cort considers the circumstances in which an order may be set aside on the basis of non-disclosure and the crucial issue of the burden of proof On an application to set aside an order on the basis of fraud, the court has to stand in the shoes of the court which made the order …

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Privilege: Behind closed doors

Jemma Pollock and Saphia Wyse examine the extent to which privilege will apply to FDR negotiations where there are allegations of fraud FPR 2010, PD 9A, para 6.2 allows parties the freedom to negotiate and make concessions knowing that, save in very limited circumstances, the contents of their discussions will not be used against them …

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Fiduciary obligations and constructive trusts: Attribution of illegality

Joseph de Lacey and Natasha Molson analyse the Supreme Court’s decision in Crown Prosecution Service v Aquila Advisory Ltd The court confirmed the approach as set out in Jetivia, namely that in proceedings by a company against its directors for breach of fiduciary duty, the fraud of the directors could not be attributed to the …

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