Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
19 November 2020
Justice delayed is justice denied for clients in lockdown limbo
The top five most stressful events in life are commonly regarded as death of a loved one; divorce; major illness or injury; job loss; and moving house (in that order). Some might argue that the Covid-19 pandemic and associated lockdowns should be a new addition to this list. Not only does it make life more stressful but also the first four events more likely.
17 November 2020
A consistent approach to extensions of moratorium periods for Suspicious Activity Reports
The Government has published a circular on extensions to the moratorium period for Suspicious Activity Reports (SARs), which acts as a restatement of the law and aims to ensure consistency in practice by law enforcement agencies in relation to the Defence Against Money Laundering (DAML) regime under section 335 of the Proceeds of Crime Act 2002 (POCA). The circular, published September 2020, sets out the responsibilities for the agencies involved in the process, and gives some indication of ways in which affected parties can play a part in the process.
11 November 2020
The Holiday is Over: Will the FCA’s efforts to support homeowners after the mortgage payment holiday be enough?
One of the impacts of the Covid-19 pandemic is that national income has fallen dramatically. In response to concerns from homeowners unable to meet their mortgage repayment requirements due to a drop in income, the Treasury and Financial Conduct Authority announced a ‘mortgage payment holiday’. This was the result of banks agreeing to allow mortgage-holders suffering from a drop in income to pause their repayments. A ban on home repossessions was put in place at the same time
9 November 2020
Non-financial misconduct is misconduct, plain and simple
The FCA announced on 5 November that it has banned three individuals from working in the financial services industry for non-financial misconduct.
6 November 2020
Civil or criminal proceedings for serious fraud?
HMRC’s criminal investigation policy makes it clear that it will tackle tax fraud by civil investigation procedures wherever possible, with criminal investigations reserved for the most egregious of offending. It is therefore highly unusual for an appellant in the tax tribunal to argue his case is so serious it should only be dealt with by way of a criminal investigation. However, that is exactly what happened in the Upper Tribunal case of L Hackett v HMRC [2020] UKUT 212 (TCC).
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