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Ian Smith, Tim Owen QC...
£265.00
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Montgomery and Ormerod on Fraud: Criminal Law and Procedure
Edited by Clare Montgomery QC, David Ormerod, and Deputy Editor Tony Shaw QC
1740 pages
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246x171mm
978-0-19-923530-8
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Looseleaf
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17 April 2008
Mainwork
Price:
£295.00
(Includes first-year updating)
Subsequent Annual Service: £195.00
This product is regularly updated with new releases (approx 2 releases per year). Subscribers to the annual service will receive new releases as they become available.
Publication Date of Next Release:
December 2010
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- General editors Clare Montgomery QC and Professor David Ormerod lead an expert author team
- A comprehensive analysis of the investigation and prosecution of fraud offences in England and Wales including coverage of the investigative, pre-trial, procedural and substantive law issues as well as related topics such as corruption and money-laundering
- Detailed narrative and all relevant materials contained in a single portable volume
- Contributors include both leading practitioners in the field and 'insiders' from government agencies including the Serious Fraud Office and the Government Legal Service
- Covers every area of fraud law and practice
- Presented in loose-leaf format and updated once in the first year and twice a year thereafter
- The practical and academic expertise of the Editors offers a unique combination not found in the existing works on fraud and related offences
- Clear and accessible for the busy practitioners
This definitive new work provides a comprehensive analysis of the investigation and prosecution of fraud offences in England and Wales. The discussion involves a critical analysis of the law, by reference to the policies, principles and practicalities of the criminal investigation and trial. The looseleaf covers the investigative, pre-trial, procedural and substantive law issues relating to fraud offences, as well as coverage of related topics such as corruption and money-laundering. Thirty specially commissioned chapters from acknowledged experts in the field are combined with all relevant materials to provide authoritative legal text and practical guidance in one volume. The practical and academic expertise of the Editors offers a unique combination not
found in the existing works on fraud and related offences. As fraud law and procedure changes so rapidly, this work is published in loose-leaf format with regular updates (one in the first year, two thereafter) to provide the most comprehensive, analytical, and up-to-date fraud service available.Readership: Primary market: specialist practitioners in fraud - barristers, solicitors, and Judges with a fraud 'ticket'. The readership is predominantly domestic, but includes some commonwealth, EU and US interest.
Secondary market: general crime practitioners and academics.
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Release 5 (publishing in December 2010) contains the following legislation and case updates:
Part I -
A fully revised chapter on corruption, covering new provisions in the Bribery Act 2010; substantial updates to material covering the role of the Serious Fraud Office; a thoroughly revised chapter covering investigations into companies under the Companies Acts authored by Sushuma Chandrasekhar, Solicitor, Government Legal Services, Department of Business, Innovation, and Skills.; coverage of the changes to the public funding scheme under the VHCC Panel Scheme and the VHCC accreditation scheme; recent judgments which have considered the Serious Fraud Office and corporate self-resporting including R v Innospec Ltd (judgement of Southwark Crown Court, handed down on 18 March 2010 and published on 26 March 2010) and R v Dougall [2010] EWCA Crim 1048; the Effect of R v CII [2009] EWCA Crim 1793
and the revised Criminal Procedure Rules on pre-trial hearings.
Materials Part II-
A new Appendix is now included - Bribery Act 2010
The extracts from the Criminal Procedure Rules have been updated
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Edited by Clare Montgomery QC, Barrister, Matrix Chambers, David Ormerod, Barrister, Professor of Criminal Justice, Queen Mary, University of London, and Deputy Editor Tony Shaw QC Contributors: Duncan Atkinson (Barrister, 6 King's Bench Walk) Alex Bailin (Barrister, Matrix Chambers) Kieron Beal (Barrister, Matrix Chambers) Tom Beazley QC (Barrister, Blackstone Chambers) Alexander Cameron QC (Barrister, 3 Raymond Buildings) Sushuma Chandrasekhar (Solicitor, Government Legal Services, Department for Business, Innovation, and Skills) Allison
Clare (Barrister, 18 Red Lion Court Chambers) David Corker (Partner, Corker Binning Solicitors) Anand Doobay (Partner, Peters & Peters) Professor Sean Doran (Barrister, Northern Ireland, Honorary Professor of Law, Queen's University Belfast) Rachel Evans (Legal Director, Department for Business Enterprise and Regulatory Reform) Kathleen Harris (Barrister and Interim Head of Policy, Serious Fraud Office) Javan Herberg (Barrister, Blackstone Chambers) Tricia Howse (CBE, Barrister, and formerly Assistant Director, Serious Fraud Office) David Kirk (Director, Fraud Prosecution Service) Julian B Knowles (Barrister, Matrix Chambers) Helen Law (Barrister, Matrix Chambers) Mark Lucraft QC (Barrister, 18 Red Lion Court Chambers) Clare Montgomery QC (Barrister, Matrix Chambers) David Ormerod (Professor of Criminal Justice, Queen Mary, University of London, Barrister) Colin Passmore (Solicitor Advocate and Head of Litigation at Simmons & Simmons) Sandra Quinn (National Strategic Fraud Authority) Monty Raphael (Joint Head of Fraud and Regulatory, Peters & Peters) Annewen Rowe (Head of International, Policy and Advisory Division, Revenue and Customs Prosecutions Office (RCPO)) Alison Saunders (Barrister and Head of Organised Crime Division, Crown Prosecution Service) Tony Shaw QC (Barrister, 18 Red Lion Court Chambers) Katy Shrimplin (Department for Business
Enterprise and Regulatory Reform).. Clare Sibson (Barrister, Matrix Chambers) Jeremy Summers (Partner, Russell Jones & Walker) Jennifer Terry (Barrister, now retired. Formerly Legal Director in Department of Trade and Industry) Rhodri Thompson QC (Barrister, Matrix Chambers) William Trower QC (Barrister, 3-4 South Square) Sarah Whitehouse (Barrister, 6 King's Bench Walk)
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""This fantastic new looseleaf is the best work on fraud which I have ever seen. It contains everything a practitioner or judge will ever need to know about fraud. Edited by Clare Montgomery QC and Professor David Ormerod, and written by 'insiders' from all the main governmental agencies, together with leading defence and prosecution practitioners, the work provides a unique insight into and perspective on, all aspects of fraud law and procedure. It is written in a very clear style, with superb coverage of case management and trial procedure, and includes all vital legislative materials in the Precedents and Appendices. Though extremely comprehensive it is also portable and easy to transport - ideal for use in court, and I shall be recommending it as
essential reading on all my JSB courses."
" - HHJ Durham-Hall QC
""Lawyers and judges working in the field of fraud cover a number overlapping areas of practice due to the vast array and increasingly international nature of the conduct which constitutes "fraud". It is, therefore, high time for an authoritative and accessible work on the subject. This excellent work fills that gap and will, I predict, prove to be the first source of reference for fraud practitioners, whatever the case."" - Ian R Burton, Burton & Copeland Solicitors
"This outstanding looseleaf, put together by a stellar cast of editors and contributors, will doubtless be found on the shelf of every serious practitioner in this field. It is comprehensive, practical and erudite. I commend it without hesitation."
" - Director of Public Prosecutions
""No fraud practitioner can afford to be without this looseleaf: Montgomery and Ormerod have assembled a hugely impressive array of academic and practitioner talent to produce a tome which, from the chapters I have reviewed, is learned, impressive and very readable. I shall buy it: I hope that my opponents do not."
" - Edmund Lawson QC, Cloth Fair Chambers
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PART A: INVESTIGATION
A1: Fraud Investigations by the Serious and Organised Crime Agency
A2: Serious Fraud Offices Investigations and Prosecutions
A3: FSA Investigations
A4: Competition Law Investigations
A5: Investigations of Companies under Part XIV of the Companies Act 1985
A6: Insolvency Investigations
A7: Mutual Legal Assistance in Cases of Fraud
PART B: PRE-TRIAL PROCEDURE
B1: Charging Process
B2: Transfers
B3: Pre-Trial Hearings
B4: Preliminary Appeals and Reviews
B5: Disclosure in Fraud Cases Tried on Indictment
B6: Funding
PART C: THE TRIAL
C1: Indictments and Severance
C2: Hearsay and Documentary Evidence
C3: Restrictions on the Use of Evidence
C4: Expert Evidence
C5: Trial by Judge Alone
C6: Presenting a Fraud Case
PART D: OFFENCES
D1: Dishonesty and Related Mens Rea Concepts
D2: Fraud Act 2005
D3: Offences Under the Theft Acts 1968, 1978, 1996
D4: Offences Under the Companies Act
D5: Insider Dealing and Market Abuse
D6: The Cartel Offence and Related Offences in Competition Law
D7: Conspiracy to Defraud
D8: Corruption
D9: Money Laundering Offences
D10: Revenue Offences
MATERIALS
MATERIALS PART I - PRECEDENTS
1. CPS Precedents
MATERIALS II - APPENDICES
1. Public Bodies Corrupt Practices Act 1889
2. Prevention of Corruption Act 1906
3. Prevention of Corruption Act 1916
4. Theft Act 1968 (extracts)
5. Police and Criminal Evidence Act 1984 (extracts)
6. Companies Act 1985 (Part XIV)
7. Company Directors Disqualification Act 1986 (extracts)
8. Insolvency Act 1986 (extracts)
9. Insolvency Rules 1986 (extracts)
10. Criminal Justice Act 1987 (extracts)
11. Treaty Establishing the EC (extracts)
12. Criminal Justice Act 1993 (Part V)
13. Criminal Procedure and Investigations Act 1996 (extracts)
14. CPIA Codes
15. Competition Act 1998 (extracts)
16. EC Regulation on Insolvency Proceedings (extracts)
17. Financial Services and Markets Act 2000 as amended by Schedule 2 of the Financial Services and Markets Act 2000 (Market Abuse) Regulations 2005 (extracts)
18. Offence of Evasion of Income Tax (Finance Act 2000 section 144)
19. Common Law Offence of Cheat
20. Anti-Terrorism Crime and Security Act 2001 (extracts)
21. Enterprise Act 2002 (extracts)
22. Proceeds of Crime Act 2002 (extracts)
23. Criminal Justice Act 2003 (extracts)
24. Attorney General's Guidelines on Disclosure
25. Serious Organised Crime and Police Act 2005 (extracts)
26. Criminal Procedure Rules (extracts including Part 15 inserted by The Criminal Procedure (Amendment) Rules 2006)
27. Fraud Protocol 2005
28. Disclosure Protocol (extracts)
29. Fraud Act 2006
30. Companies Act 2006 (Part 32)
31. Companies Act 2006 (Schedules 3 and 16)
32. Cross Border Insolvency Regulations 2006 (extracts)
33. The Consolidated Criminal Practice Direction (Parts IV.41 and V.56)
34. Money Laundering Regulations 2007 (SI 2007/2157)
35. FSA's 'The Enforcement Manual' (extracts) in its recently revised form
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