AuthorSolicitor, Advocate. Director Ashmans Solicitors Archives
August 2023
Categories
All
|
Back to Blog
Disqualified Directors & The Law7/31/2019 Recently, three men from Halifax were convicted after one of them was found to have run a company whilst disqualified. The other two were convicted of assisting him.
If you're thinking of trying to evade a director's ban, be aware that it can lead to a criminal conviction and even prison. Criminal Solicitors Dewsbury Why was he disqualified? Andrew Brian had voluntarily accepted a disqualification in 2009 after his previous company had run up a significant tax debt. How can you be disqualified? The courts also have the power, in certain circumstances, to disqualify a person from acting as director of a company. The power comes from the Company Directors Disqualification Act 1986. The Act empowers the Crown Court, the Magistrates' Court, or the High Court to make an order that a person be disqualified from acting as a company director for a period of time. In the Magistrates' Court, the maximum period is five years, in other courts, it is fifteen years. The Crown Court, a criminal court, may make an order even where this condition is not met and has a very wide discretion whether to do so. The court can disqualify a person where they are convicted of an offence 'in connection with the promotion, formation, management, liquidation or striking off of a company.' Where an offence can only be dealt with in the Magistrates' Court, a disqualification may be imposed if an offender has been the subject of three default orders or convictions in the preceding five years. The High Court can only disqualify a person where it thinks they are unfit to act as a director, and usually this is done when the company is wound up by the court. Being unfit includes allowing a company to trade when it can't pay debts, not keeping correct accounts, or using company assets for personal benefit. Andrew Brian had used significant amounts of company money to pay his own mortgage. People who are declared bankrupt are also automatically disqualified from acting as directors. What does a disqualification order mean? A disqualification order means that, without permission of the court, a person cannot be a director, act as a receiver of company property, or be concerned or take part in the promotion, formation or management of a company, or act as an insolvency practitioner. Andrew Brian was not listed as a director of Met Euro Ltd, but it was found he exercised control over it and creditors dealt solely with him in breach of his ban on taking part in the management of a company. His son Thomas Brian was the director when the company went insolvent after running up debts of £255,000. A significant amount of the benefit from the company had benefitted Andrew Brian personally, going towards his mortgage. What happens if you run a company after being disqualified? In any case where a person is disqualified, acting as a director, or in any other way prohibited by the order, is a criminal offence. It carries a maximum penalty of two years imprisonment and an unlimited fine. In the case of Andrew Brian, he was disqualified for a further twelve years and handed a twelve-month sentence suspended for twelve months and ordered to complete 150 hours of unpaid work. His son Thomas received a twelve-month community order for helping him to carry out the offence. In other cases, though, more severe sentences have been imposed. In 2014, Colin Cowley-Hurlock received twenty months imprisonment for running up similar debts in respect of three companies. It's also possible that the court will confiscate any benefit you have gained. How we can assist If you need specialist advice, then get in touch with Ashmans Solicitors 03330096275 and let us help. We can advise on all aspects of your case. Alternatively email us [email protected] Business Crime & Regulatory
Back to Blog
Dirty money & Economic Crime Plan7/31/2019 The Government has published the new Economic Crime Plan for the next three years.
In it, they unveil their strategy for dealing with all types of economic crime, such as money laundering, fraud, market abuse, and bribery. What is economic crime, and why is it important? Economic crime is wider than financial crime. It includes fraud, corruption and bribery, terrorist and drug funding, market abuse and sanctions violations, and money laundering from all crimes. Also included is recovery of proceeds of crime, but not the crime itself where it isn’t an economic crime. Drugs and trafficking offences and tax evasions offences are not covered except where they also involve money laundering. This is aimed at dealing with the rising tide of financial crimes in England and Wales, where fraud is now the second most common crime, accounting for one-third of crimes per year with one in fifteen members of the public falling victim. Fraud & Financial Crime Solicitors Fraud regularly finances other serious organised crime, like gang violence and drug trafficking. This Plan, a joint effort between the Treasury, the Home Office, and law and financial enforcement agencies countrywide, is to provide the framework for a cooperative approach to economic crime enforcement between agencies. What is the new Plan? There are seven ‘Strategic Priorities’ in the Plan:
Who is involved? It’s not just government departments and law enforcement that have committed to this new plan. Banks, as well as a number of other private businesses like law, accountancy, and property firms, are participating in cracking down on financial crime. Can any of the money be recovered? Alongside the Economic Crime Plan, the Government has published a new Asset Recovery Action Plan to build upon the recovery of over £1.6 billion since 2010 under the Proceeds of Crime Act 2002. This Plan will also help clarify the ownership of assets and building on proposals to reform Companies House to make control of companies clearer. How we can assist If you need specialist advice in relation to any criminal investigation or prosecution, then get in touch with Ashmans Solicitors 03330096275 and let us help. We can advise on all aspects of your case. what is credit card fraud
Back to Blog
Most people know that a driving ban may follow for serious road traffic offences or a series of lower-level traffic crimes as a result of 'totting up'. Few of our client's know that disqualifications can follow in other cases if a vehicle is used to facilitate the commission of an offence.
What is the relevant law? There are two relevant provisions in the Powers of Criminal Courts (Sentencing) Act 2000. Section 146 provides for a general power to disqualify a person from driving following a conviction for any offence. There is no requirement for a vehicle to have been used during the crime. In Cliff [2004] EWCA Crim 3139, the court held: 'In our judgment, it is not necessary for the offence to be connected to the use of the motor car. The section provides an additional punishment available to the court. That is not to say that a court can impose a period of disqualification arbitrarily. There must be a sufficient reason for the disqualification. The reasons will, of course, be open to scrutiny by an appellate court, as they are in this case.' The disqualification period can be '...for such period as it thinks fit'. The case law is now always consistent (see for example Bye [2005] EWCA Crim 1230 and compare with Cornell-Gallardo [2010] EWCA Crim 3151), so an advocate must always be careful to scrutinise the facts of each case and challenge the making of such orders if appropriate. The provisions under section 147 of the Act are much better known and can only be used where the offence is punishable on indictment with imprisonment of 2 years or more or is an offence involving an assault. The magistrates' only have power in relation to the latter. The court must be: '...satisfied that a motor vehicle was used (by the person convicted or by anyone else) for the purpose of committing, or facilitating the commission of, the offence in question', or concerning assault offences '...satisfied that the assault was committed by driving a motor vehicle'. Again, the disqualification period can be '...for such period as it thinks fit'. Some Judges appear to be particularly eager on using this power, while it rarely seems to occur to others, so it can be very much a lottery so far as the sentencing process is concerned. The case law concerning this provision is complex and voluminous, so all advocates need to ensure that they are not taken by surprise when it is mentioned (often with no notice) as part of the sentencing process. All of our advocates are highly trained and able to respond appropriately to all sentencing and other issues. Lear about fine for no entry. How we can assist If you need specialist advice, then get in touch with Ashmans Solicitors 03330096275 and let us help, we deal with all manner of criminal offences on a daily basis and have the expertise to get you the best result possible. Alternatively email us [email protected] Solicitors In East London Exceptional Hardships Driving Ban
Back to Blog
Data Protection - A Shifting Focus7/31/2019 Over the last few years, we have seen many matters that would previously have been prosecuted before the criminal courts, move into the jurisdiction of other bodies.
What we see as a result is a range of specialist regulators best placed to react to perceived industry failings, and if necessary, meet out swift and condign punishment. As criminal lawyers, we too have kept pace with those changes, where once we would have defended tachograph cases in the local magistrates' court, we now support vehicle operators before traffic commissioners. The alleged 'crimes' are the same, but the enforcement regime entirely different. Last week we saw the Information Commissioner's Office ('ICO') issue notices of intention to issue fines to two large companies. British Airways is to be fined £193.39 million and Marriott Hotels more than £99 million. In each case, there was a large-scale breach of data protection (in one case involving over half a million users), and these fines reflect not only the extent of the breach but also an early indication as to a stronger line being taken under the new GDPR regime. Information Commissioner Elizabeth Denham said: "People's personal data is just that – personal. When an organisation fails to protect it from loss, damage or theft it is more than an inconvenience. That's why the law is clear – when you are entrusted with personal data you must look after it. Those that don't will face scrutiny from my office to check they have taken appropriate steps to protect fundamental privacy rights." Another striking feature of these two cases is the international approach to data breach, explained here by the ICO "ICO has been investigating this case as lead supervisory authority on behalf of other EU Member State data protection authorities. It has also liaised with other regulators. Under the GDPR 'one stop shop' provisions the data protection authorities in the EU whose residents have been affected will also have the chance to comment on the ICO's findings." Whatever your business or profession, we make it our business to protect your interests and our specialist teams are fully up to date with all practice, procedures and emerging trends. How we can assist If you need specialist advice, then get in touch with Ashmans Solicitors 03330096275 and let us help. We can advise on all aspects of your case. Alternatively email us [email protected] Solicitors In Dewsbury
Back to Blog
Caught Driving Without A Licence7/22/2019 Driving without a licenseDriving without a valid driving licence is a significant charge to be facing and can have a serious impact on your life. Consequently including a criminal record and possible jail time. There are certain circumstances in which you may be driving without a licence which will be treated as a less serious charge. For example as driving unsupervised on a provisional licence. However, if you are already serving a driving ban for another motoring offence, which is why you do not have a valid licence. Consequently this will be taken much more seriously.
Under the LC10 conviction code driving without a full driving licence can lead to 3-6 points on your licence and a potential fine of up to £1000. Additionally, if you drive without a licence and insurance, you can be given a further 6-8 penalty points. This on top of the points you received for the initial offence and a fine of up to £5000. If the Courts feel it necessary, they have the authority to ban you from obtaining a full licence. This is a period of time that they see fit and their choosing. Motoring Defence Legal Team What are the penalties? Driving Without A Licence If you are caught without your licence you will be arrested. Then charged and summoned to court. Once there, a judge will decide how serious your punishment will be. You could face:
Can The Sentence Be Reduced Driving without a licence is deemed as an “absolute Offence” you may be given credit for pleading guilty in the first instance. First offenders that plead guilty usually get a more lenient sentence in contrast to repeat offenders. When entering your guilty plea dependant on the circumstance there is an option to use “special reasons” if applicable. find out more about driving without a licence and the no entry penalty.
Back to Blog
Data Protection A Shifting Focus7/15/2019 Over the last few years, we have seen many matters that would previously have been prosecuted before the criminal courts, move into the jurisdiction of other bodies.
What we see as a result is a range of specialist regulators best placed to react to perceived industry failings, and if necessary, meet out swift and condign punishment. As criminal lawyers, we too have kept pace with those changes, where once we would have defended tachograph cases in the local magistrates' court, we now support vehicle operators before traffic commissioners. The alleged 'crimes' are the same, but the enforcement regime entirely different. Last week we saw the Information Commissioner's Office ('ICO') issue notices of intention to issue fines to two large companies. British Airways is to be fined £193.39 million and Marriott Hotels more than £99 million. In each case, there was a large-scale breach of data protection (in one case involving over half a million users), and these fines reflect not only the extent of the breach but also an early indication as to a stronger line being taken under the new GDPR regime. Information Commissioner Elizabeth Denham said: "People's personal data is just that – personal. When an organisation fails to protect it from loss, damage or theft it is more than an inconvenience. That's why the law is clear – when you are entrusted with personal data you must look after it. Those that don't will face scrutiny from my office to check they have taken appropriate steps to protect fundamental privacy rights." Another striking feature of these two cases is the international approach to data breach, explained here by the ICO "ICO has been investigating this case as lead supervisory authority on behalf of other EU Member State data protection authorities. It has also liaised with other regulators. Under the GDPR 'one stop shop' provisions the data protection authorities in the EU whose residents have been affected will also have the chance to comment on the ICO's findings." Whatever your business or profession, we make it our business to protect your interests and our specialist teams are fully up to date with all practice, procedures and emerging trends. How we can assist If you need specialist advice, then get in touch with Ashmans Solicitors 03330096275 and let us help. We can advise on all aspects of your case. Alternatively email us [email protected]
Back to Blog
Domestic Abuse7/1/2019 Non-molestation orderWhat is a Non-molestation Order?A Non-molestation Order is a court injunction that is designed to protect victims of abuse by restricting the abuser’s actions. There is approximately one domestic violence call to the Police every minute in the UK. With a Non-molestation Order in place, should your ex-partner try to contact, threaten or harass you. Therefore they would be arrested and could face a sentence of up to five years in prison. (Family Law Act 1996).
Are you are experiencing domestic abuse or have you been threatened with violence. Our Family Law Team at Ashmans Solicitors can advise you of the options available to you. All enquiries are welcome. Finally feel free to drop us a line, give us a call, or pay us a visit. Solicitors in Yorkshire and London Ashmans Solicitors have offices in: Central London and East London. Also in Dewsbury, Sheffield, Huddersfield and Leeds. Please see the Contact Us page for exact location details. Alternatively, you can email us at [email protected] . Or call us on 0333 009 6275. The term “molestation” can cover many things, including: violence, threats, intimidation and harassment. |