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Lewis Nedas News

Lewis Nedas Law are London-based solicitors, frequently rated in both Chambers UK and The Legal 500. With over 30 years’ experience as specialist solicitors in central London, UK, we can help you or your business today. Tel: 020 7387 2032.

Lewis Nedas Law are London-based solicitors, frequently rated in both Chambers UK and The Legal 500. With over 30 years’ experience as specialist solicitors in central London, UK, we can help you or your business today. Tel: 020 7387 2032.

OCT
05

Siobhain Egan's article on the survival of the SFO published in Financier Worldwide

suit in handcuffsSFO v. NCA – will the SFO win the battle for survival this time? Read the article in the Financier Worldwide here.

  

 

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12

Latest instructions and successes for Lewis Nedas Commercial and Litigation Department and Ian Coupland, Adam Creasey and Annabelle Pantling

insider tradingIan Coupland:

  • Successfully settling a long-running commercial dispute in respect of our client’s rights – relating to the terms of a share purchase agreement;

  • Successful settlement of negotiations with Treasury Solicitors bona vacantia department relating to high value property portfolio;

  • Instructed to advise and represent a Director in Company Director Disqualification proceedings (several similar new instructions on cases of this nature). 

 

Adam Creasey:

  • Successfully settling a construction dispute worth £30,000.00 on behalf of Defendant company with very favourable result;

  • Acting for the Contractor in a construction dispute in the sum of £125,000.00, and is currently in the midst of successfully negotiating settlement;

 

Annabelle Pantling:

  • Successfully obtaining relief from forfeiture of a commercial lease within 48 hours of client’s initial instruction, client is back in and trading successfully, having turned over £10,000.00 within his first week re-trading;

  • Obtaining default judgment in the sum of £150,000.00 against a property investment company, of which our client was a former director and now Issuing winding up proceedings to obtain payment.

     

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SEP
07

More planned changes for POCA (Proceeds of Crime Act), asset restraint and confiscation proceedings

confiscationThe Home Affairs Parliamentary Committee concluded in July 2017, that Government and prosecution authorities are simply not doing enough to secure the proceeds of crime, from those convicted of crimes, and those who have managed to evade prosecution.

Focusing upon those convicted of criminal offences, over £1.61 billion remains outstanding from Confiscation orders made by the Courts, albeit 1/3 of that sum represents penalties and interest for non payment of those orders. As a result, The Law Commission has turned his attention to the issue and will report in October 2017.

In truth, the SFO and FCA have a much better record as far as recouping the proceeds of crime are concerned, certainly better than police forces, CPS and the NCA, that is probably because they have relatively well resourced specialist teams of lawyers and financial investigators.

Another possible explanation is that those convicted of financial crime and fraud often have easily identifiable assets, when compared with those convicted of drugs or people trafficking offences.

There have been substantial changes to the POCA regime, as embodied within this years Criminal Finances Act 2017 re Sar reports and Unexplained Wealth Orders (please see our blog: Unexplained Wealth Orders : a new tool for seizing proceeds of crime 12/4 2017 – newsroom section on our website).

The CFA 2017 brings in new disclosure orders including the requirement of a third party to disclose information as required and amendments to SAR regime.

All POCA regulated firms can now share information with other such regulated firms where there is a suspicion of money laundering.

The NCA will now be able to extend the moratorium period to six months and the Magnitsky Clause within the CFA allows non–conviction recovery powers to include assets obtained by a gross abuse of human rights.

Additionally, The Home Office and The Attorney Generals Office have just closed a consultation on 25/09/2017 which will focus upon the following discreet areas:

  1. Powers to search, seize, and detain property
  2. Exercising investigation powers under POCA 2002
  3. Using search powers to recover criminal cash
  4. Powers to seize identifiable listed assets
  5. Prosecutors guidance on the operation of POCA investigation powers
  6. Exercise of various new seizure, detention and forfeiture powers under the CFA 2017 (Criminal Finances Act)

The FCA is also considering criminally prosecuting firms/individuals for anti money laundering failings – see their business plan for 2017/2018.

They are keen to also establish 0PBAS (Office for Professional Body AML Supervisors), which will oversee (and enforce) obligations under new AML Regulations.

 

How can we help you?

We have one of the leading specialist POCA defence teams in the Country; we advise those facing POCA proceedings and those immediately affected by such orders e.g. third parties, business partners and co Directors.

Our team includes specialist White Collar/Corporate Crime defence teams, highly ranked by the leading Legal ranking directories and are  highly experienced when dealing with these proceedings, including AML, taxation, bribery and corruption, market offences, and have a genuinely in depth knowledge of Prosecution agencies policies and behaviour.

A number of other firms of lawyers have Dispute Resolution Departments comprising of corporate litigators and young barristers that deal with this field and are relative newcomers to this area of law. Not us, we have been dealing with these issues since the enactment of POCA 2002 and believe in early pro active defence, an approach which has proved to be very successful.

Please contact our asset confiscation team on 02073872032 or use our online enquiry facility at www.lewisnedas.co.uk

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SEP
07

New instructions for Lewis Nedas Law and Siobhain Egan

  1. fcaSiobhain has been instructed to advise and represent a company Director facing a joint FCA/City of London police financial mis-selling investigation;

  2. She also advises a NED and finance professional, facing a FCA and HMRC investigation.

We have been  successfully advising company Directors, accountants, IFA's, bankers etc., facing professional disciplinary/FCA regulatory and fraud investigations for over 30 years. Our specialist team has been highly ranked by the leading legal ranking directories for many years and we achieve excellent results for our clients.

 

Contact us if you require advice and assistance in these fields - 0207 387 2032 or use our online enquiry facility at www.lewisnedas.co.uk

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05

Abolition of Employment Tribunal fees: what is it likely to mean for employers and employees alike?

The Supreme Court decision in R (on application of Unison) v Lord Chancellor (2017) UK SC 51 (26/07/2017) ruled unanimously that the Employment Tribunal fees brought in by government in 2013 are unlawful, deny the fundamental right of access to justice and contrary to both common and EU law. Additionally, the Supreme Court also ruled that these fees discriminate against women.

Unison persisted with their claim despite numerous rejections and set backs from the lower courts.

This has to be one of the most momentous recent decisions in Employment law and the ramifications of this ruling are going to be enormous and complex.

The number of claims in the Employment Tribunal dropped from 7,000 to 1,000 (a reduction of nearly 70%) after the imposition of those fees, and it's highly unlikely that future numbers of claims will reach 7,000 again. This is largely because of the mandatory ACAC early conciliation process.

Apparently, government are considering whether or not to reintroduce fees at lower levels and in a lawful manner, but even if they decide to do this it will take a great deal of time.

In the first instance, the most likely effect is to cause further strain and delays within the severely underfunded Employment Tribunal system.

Fees paid by claimants since 2013 will fave to be refunded, and those employers who settled or paid compensation (including the tribunal fee element) will also have to be refunded.

It may be possible for employees now to bring claims out if time, but this very much depends upon the type of claim (i.e. unfair dismissal or discrimination). Each of these claims have individual tests that must be satisfied, e.g. Whether it was 'not reasonably practicable' or if it is 'just and equitable' to bring a claim, respectively.

This could lead to huge difficulties for those seeking to bring or defend older claims, particularly if documentation and records have been destroyed or lost.

The Employment Tribunal has made a recent case management order dealing with the consequences of this Supreme Court ruling:

1) The stay on those claims relying upon this judegement is to be lifted immediately;

2) Reimbursement of fees are to be made, following administrative arrangements made by both the MOJ and HMCTS;

3) Reinstatement of claims rejected on the basis of non payment of fees shall be made pursuant to administrative arrangements produced by the MOJ and HMCTS;

4) Remainder of claims brought upon reliance of the Unison judgement should be brought in the usual way to the regional Employment Judge for each ET region.

 

If as an employer, GC, HR professional or employee, you require advice on any of this information or any aspect of employment law, contact our highly skilled and experienced specialist lawyers.

Call us on 0207 387 2032 or use our enquiry facility on www.lewisnedas.co.uk.

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