Fraud Charges in UK Law

On April 22, 2002, $410,000 was transferred, on behalf of Zumax, from Redsear Limited's account with JP Morgan in London into the Dollar Account.

The traditional statement of the principle is that a surrendered person will not be tried or punished for any offence other than that in respect of which he has been extradited: Oppenheim's International Law, 9 th ed Jennings and Watts (1992), vol 2, para 420; Whiteman, Digest of International Law, vol 6 (1968), p 1095 (and at 1100 on non-extraditable offences as aggravation).

There are certain contracts expressed by the law to be contracts of the utmost good faith where material facts must be disclosed; if not the contract is voidable. Apart from special fiduciary relationships contracts for partnership and contracts of insurance are the leading instances. In such cases the duty does not arise out of contract; the duty of a person proposing an insurance arises before a contract is made; so of an intending partner.

Now consider the position of the solicitors, J. H. Milner & Sons. The action charged them also with fraud and conspiracy fourteen years ago. That charge was kept hanging over their heads for four or five years. Then it was dropped. The Property Company still charges them with misconduct as solicitors and negligence. It is, I think, a grave injustice to professional men to have a charge of this kind outstanding for so long. It is impossible to have a fair trial after all this time.

The reason why the common law condemns champerty is because of the abuses to which it may give rise. The common law fears that the champertous maintainer might be tempted, for his own personal gain, to inflame the damages, to suppress evidence, or even to suborn witnesses.