Fraud Charges in UK Law

Leading Cases
  • Commerzbank Aktiengesellschaft v IMB Morgan Plc and Others
    • Chancery Division
    • 30 Noviembre 2004

    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.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931

    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.

  • Norris v Government of the United States of America (No 2)
    • Supreme Court
    • 24 Febrero 2010

    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).

  • Polanski v The Conde Nast Publications Ltd
    • House of Lords
    • 10 Febrero 2005

    But the general rule should be that in respect of proceedings properly brought in this country, a claimant's unwillingness to come to this country because he is a fugitive from justice is a valid reason, and can be a sufficient reason, for making a VCF order. I respectfully consider the Court of Appeal fell into error by having insufficient regard to Mr Polanski's right to bring these proceedings in this country even though he is and will continue to be a fugitive from justice.

  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Enero 1968

    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.

  • R (Bermingham and Others) v Director of the Serious Fraud Office
    • Queen's Bench Division (Administrative Court)
    • 21 Febrero 2006

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Legislation
  • Prevention of Social Housing Fraud Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
  • The Criminal Legal Aid (Remuneration) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... litigator and, where the disbursement claimed includes the fees or charges of any person, may notify that person of the appropriate officer's ... in fraudulent business carried on by a sole trader etc.Fraud Act 2006, s.9As aboveObtaining services dishonestlyFraud Act 2006, s.11As ... ...
  • Distress for Rent Act 1737
    • UK Non-devolved
    • 1 de Enero de 1737
    ... ... unless sold to any Person not privy to the Fraud. II unless sold to any Person not privy to the Fraud ... II. Provided ... the Rent for which such Distress shall have been taken, and of the Charges of ... such Distress, Appraisement and Sale, in the same Manner as other ... ...
  • Criminal Justice Act 1987
    • UK Non-devolved
    • 1 de Enero de 1987
    ... ... to make further provision for the investigation of and trials for fraud; and for connected purposes.[15th May 1987] ... Be it enacted by the ... ; F42or(e) considering questions as to the severance or joinder of charges,he may order that such a hearing shall be held ... (2) A judge may make ... ...
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Books & Journal Articles
  • Broke people, broken rules: Explaining welfare fraud investigators’ attributions
    • No. 23-1, January 2021
    • Punishment & Society
    There is a notable contrast between welfare clients’ and welfare fraud investigators’ accounts of rule breaking behaviors. Clients describe some actions (or inactions) that constitute rule violatio...
    ... ... First, administrative priorities foreground intentional violations: federal authorities financially incentivize deliberate fraud charges, and managers favor these cases, which permit client suspensions and disqualifications. Second, emphasizing internal motivations over situational ... ...
  • A fraud investigation plan for a false accounting and theft case
    • No. 26-4, October 2019
    • Journal of Financial Crime
    • 1216-1228
    Purpose: The purpose of this paper is to formulate and propose a fraud investigation plan that forensic accountants can use to investigate financial frauds. In particular, the paper sets out the st...
    ... ... the fraud investigation plan that both forensic accountants and fraud examiners can use in theirinvestigationof false accounting and theft charges.Design/methodology/approach –The paper uses the materialfacts from the Polly Peck Internationalfraud as a prototypecase upon which to build an ... ...
  • Artificial intelligence impact on banks clients and employees in an Asian developing country
    • No. 16-2, March 2022
    • Journal of Asia Business Studies
    • 267-278
    Purpose: The purpose of this paper is to discuss the application of artificial intelligence (AI) in banking sector, its impact on banks employees and consumer behavior alike when buying financial s...
    ... ... are increasingly using artificial neural ne twork systemsto detect fraud and charges that do not meet the standard. The AI is used to: ... ...
  • Artificial intelligence impact on banks clients and employees in an Asian developing country
    • No. 16-2, March 2022
    • Journal of Asia Business Studies
    • 0000
    Purpose: The purpose of this paper is to discuss the application of artificial intelligence (AI) in banking sector, its impact on banks employees and consumer behavior alike when buying financial s...
    ... ... are increasingly using artificial neural ne twork systemsto detect fraud and charges that do not meet the standard. The AI is used to: ... ...
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Law Firm Commentaries
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