Category Archive London Solicitors

Commercial Litigation – Corporate Crime and Fraud

Prosecutions for commercial fraud are expected to rise this year due to a stronger commitment to bring proceedings under the Bribery Act 2010. It will be interesting to see how the offence of failing to prevent bribery is handled by both the prosecuting authorities such as the Serious Fraud Office and defendants alike.

The Criminal Finances Act currently forging its passage through Parliament, as a Bill, should bring some tantalising developments.

 

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Domestic Violence Cases are Going Unprosecuted

Reports of sexual violence and domestic abuse have risen by nearly 12% year on year over the last four years in London. Cases of domestic violence soared by just under 58% in the same period. Last year despite a rise of almost 7% of domestic violence matters reported the proportion of people being charged with the offence has dropped.

In the year September 2015 to 2016 just 28% of domestic violence cases lead to either a caution, charge or other punishment compared to 41% in the previous four years. There were nearly 6000 rapes which contributed to a total of 17,000 sexual offences with 150,000 being the total of domestic violence incidents. 16% of sexual offences resulted in prosecution compared to only 10% four years earlier.

Whilst victims gain in confidence in reporting crime is commendable it will be a pity if this is thwarted by police inactivity.

Meanwhile a coordinator of a women’s refuge in north west London has been jailed for two years having been charged with fraud by abuse of position for the theft of nearly £35,000 which augmented the charity’s closure.

 

 

 

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10% of Businesses Fail After Entering a Company Voluntary Arrangement

Ten percent of businesses collapse within a few years of entering into a Company Voluntary Arrangement (CVA) due to a number of factors:- a) Suppliers who agreed to the CVA may later impose stricter terms of credit. b) A well drafted CVA is only a good road map in the progress of regrowth. c) Lack of sensible restructuring activity ensues.                                                                                                                                                                                                                                                                                                                                                The landlords of the insolvent companies often suffer heavy losses.

 

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Assured Shorthold Tenants Are On the Increase

Over the last quarter there has been a significant increase in the number of properties for rent in prime Central London. Just under 25,000 have become available three times the figure from the previous quarter due to the currently unfavourable market for sellers. Increased tax rates, world wide uncertainty and a possible hard Brexit have conspired to make rental values soar.

Property solicitors in London are drafting assured shorthold tenancy agreements with commensurate regularity.

 

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Killer Goes Free Thanks To A Tactical Solicitor

The rewards of instructing an experienced, highly recommended solicitor are borne out time and time again our advisers at the Solicitors Information Service report.

A recent case concerned a driver talking hands free on a mobile phone who ran over and killed a two year old toddler in a supermarket car park. She denied causing death by careless driving and was sentenced to 14 months in prison suspended for two years and banned from driving for 18 months.

 

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Brexit and the Property Market

Conveyancing solicitors in London are anticipating a surge in clients from the Middle East due to the fall in sterling; who enjoy shopping where English is spoken. Other new instructions are expected from dollar investors and those from Commonwealth countries especially Australia, New Zealand and India who view this as a buyer’s market.

The combination of low mortgage rates and the housing shortage should keep prices up.

 

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Commercial Prospects For Growing Businesses Are Increasing

The changes made to entrepreneur’s relief and to capital gains tax by the Budget in March have made growing businesses and start ups more attractive as investment vehicles many commercial solicitors in London are reporting. Capital gains tax was cut from 28% to 20% for top rate tax payers and from 18% to 10% for basic rate tax payers.

Long-term shareholders in unlisted companies are to receive a boon as entrepreneur’s relief is set to be extended.

 

 

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Violent Crime and Murder up 25% over the Past Year

London and the south east have been the main beneficiaries of a 71 increase to the national murder tally of 574, making it the biggest increase in thirteen years. An increase of 19% was recorded for attempted murder by police in England and Wales. This rise comes after ten years of falls in murders with other violent crimes also in the ascendant e.g. firearms offences >4% and knife crimes by about 10%. Sexual crimes rose by a third to almost 100,000 with big increases in rape 39% and 35% for other sexual offences – the highest annual increases on record. In total violence against the person offences increased by more than a quarter to just under 186,000.

Thirty children under 13 have been arrested for gun offences over the last three years. The charges include importing a prohibited weapon, possessing a shotgun with intent to endanger life and using a firearm with intent to avoid arrest. Just under 230 children aged up to 17 were arrested for matters concerning guns.

There were nearly 300 arrests for terrorism offences which is down 3% on the previous year but there has been a large increase in the number of children aged under 18 and female terrorists. International terrorism rather than domestic terrorism has seen an increase in detentions. There were about 70 arrests in the last quarter of 2015 which is up almost 50% compared to the previous quarter.

 

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Wills & Contentious Probate Disputes Highlight the Need for a Reputable Solicitor

The importance of making a will to ensure your property is left to those intended is highlighted by this contentious intestacy case.

The carer of a wealthy widow has been vindicated in a High Court battle over her flat and £1.3 million fortune, in a case which involved a genealogist from BBC show Heir Hunters.

Tanya Vasileva looked after her friend, Gertrude Stanley, in the years before her death at the age of 89.

Mrs Stanley, who had fled to London from the Nazis on the eve of the Second World War, believed she had no living relatives after her sister died in a concentration camp.

She promised her flat to Miss Vasileva in return for her years of care. After the widow’s death, in December 2009, she moved in.

But Mrs Stanley had not made a will, and a legal wrangle ensued after Peter Birchwood, a professional genealogist who has appeared on BBC series Heir Hunters, traced two distant cousins of Mrs Stanley.

Mr Birchwood, acting on behalf of Mrs Stanley’s estate, argued Miss Vasileva was a “trespasser” who should be ousted from the property and made to pay £50,000 for her years of rent-free occupation. But a judge ruled Mrs Stanley had promised the flat to her carer and said Miss Vasileva had “done her best” to look after the widow.

Judge Mark Raeside QC awarded Miss Vasileva £20,000 from the estate and dismissed Mr Birchwood’s financial claim against her. But he also estimated the value of the care provided by Miss Vasileva to be only £70,000, compared with the £160,000 value of the flat, and said she would have to leave by December so it could go back to the estate.

The High Court heard how Mrs Stanley fled Vienna and arrived in London in May 1939, when she was 19. She and her husband, Lawrence, lived together in their Belsize Park flat for 48 years, until his death in 1994. They did not have any children.

Despite her fortune, most of which was discovered in bank accounts and shares after her death, the widow lived a frugal existence and worried she would run out of money, the court heard. In 2002, the court heard, Mrs Stanley met Miss Vasileva at the supermarket where the younger woman worked. Miss Vasileva, who had  moved to the UK from Bulgaria the year before, said they struck up a friendship after she delivered Mrs Stanley’s shopping.

After a stay in hospital in May 2005, Mrs Stanley phoned Miss Vasileva and asked if she could come to collect her. She did not want any professional carers and asked Miss Vasileva if she would help her stay in her own flat.

It was then that Mrs Stanley first said she wanted her friend to have her flat after she died — a promise she repeated many more times, the court heard.

Miss Vasileva looked after Mrs Stanley — including cooking, cleaning and helping her bathe — until she went into a care home in April 2009.

After the case Miss Vasileva said: “We weren’t just friends, we were more  like grandmother and granddaughter, we were very close. She will always be in my heart.”

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