Practical civil litigation tips

07/09/2012

What are the Civil procedure rules? The Civil Procedure Rules (CPR) are important technical procedural requirements as to how a court case must be dealt with. Many of the rules have timescales attached and these may be strictly interpreted and severe penalties such as costs orders or striking out of a case can occur if READ MORE

Scavenger fraud scams – how to avoid and what to do if you are a victim

02/09/2012

In a previous article, I wrote about the Boiler room fraud. As a brief re-cap, there are at least 3 people involved to dupe you out of your savings. A ‘fronter’, calls and makes the initial pitch. A ‘closer’, completes the deal, and a ‘verifier’, apparently checks that you are happy with the deal, and READ MORE

Tips on mediation as an alternative to litigating at court

01/09/2012

What is mediation? Mediation is the answer to avoiding high legal fees, months of distress and frustration, and the rigidity of a court timetable. In simple terms it is a way of resolving legal disputes without having to attend court. Sounds like an ideal scenario but both parties have to agree to choose the mediation READ MORE

Property and construction industry fraud – the criminogenic organisation

21/08/2012

Let me start with an unhappy but possible paradox that corporate entities/corporations/financial institutions, and their employees can be criminogenic – That is to say, a system, situation, or place causing or likely to cause or breed criminal behaviour. This was the view of Diane Vaughan, that organisations can be criminogenic, because they encourage loyalty, (1998) READ MORE

Occupational fraud report – what you need to know

15/08/2012

The 2012 Bi-Annual Report to the Nations on Occupational Fraud and Abuse has just been published. It is an illuminating and an alarming report based on fraud cases investigated Worldwide. Occupational Fraud is defined by the Association of Certified Fraud Examiners as: ‘The use of one’s occupation for personal enrichment through the deliberate misuse or READ MORE

Negligent Misstatement

01/08/2012

What constitutes a negligent misstatement? A negligent misstatement is a claim which is brought by one party against another at common law in tort. This claim arises if the party against whom the claim is brought made a statement which was considered to be negligent (Defendant) and the party bringing the claim (Claimant) relied on READ MORE

The Communications Act 2003 and twitter trolls

01/08/2012

Who can honestly wholeheartedly say that they did not feel for Tom Daley following a diatribe of abuse, particularly from one person, on Twitter? In light of the recent ruling of Paul Chambers v DPP [2012] EWHC 2157, is it time to reflect upon the ethics of Twitter, and other social media networks, and the READ MORE

Garbology tactics of fraudsters

30/07/2012

The Great British Summer! Children at home. Children nagging. How many times does someone nag you for something before you give in and give them what they want? Or are talked into buying something you do not really want, just so that they stop asking, and you get a quiet life? Or more ominously, you READ MORE

Exposure to fraud – risks from email usage and prevention tips

24/07/2012

Could fraud ever arise in my business? In answering such a question, it invokes further questions to be asked as follows: Yes…There is always a possibility ┬áThe rhetorical question one must ask when defining the objective of fraud prevention is what makes us most vulnerable to fraud? What written and unwritten rules govern behaviour? What READ MORE

Trust funds,disputes between children & parents & underlying legal principles

16/07/2012

Disputes relating to family trusts I have recently received a number of enquiries and cases involving children who have savings, or who have been left an inheritance from grandparents in a Will, or who have money available to them by way of a Trust. I suppose given the current financial gloom, that people who find READ MORE