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29 November 2007
Issue: 7299 / Categories: Legal News
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HMRC accused of systematic disclosure failures

News

A crown court judge’s decision to stay proceedings in a carousel fraud trial highlights HM Revenue & Customs’ failure to make proper disclosure in criminal proceedings, lawyers say.

R v Vocaturo and others involved allegations of carousel fraud and money laundering in excess of £100m. Vocaturo made an application to have the matter stayed as an abuse of process because of the prosecution’s refusal to disclose 8,000 pages of his business trading records, despite repeated defence requests over 12 months.

Staying proceedings, Judge Teare said: “Even after present counsel have been in control of this case for three or four months, material has been kept from them and the disclosure officer until the date of the trial.”
The prosecution appealed in Vocaturo but the decision was upheld by the Court of Appeal.

Colin Wells, a barrister at 25 Bedford Row, says the decision follows a line of prosecutions which have resulted in a stay or the quashing of a conviction, based on disclosure problems. “Yet again customs’ systematic disclosure failures have led to a stay of criminal proceedings as an abuse of process,” he adds.

Missing trader intra community fraud (carousel fraud) cases involve a number of buffer companies and freight forwarders, leading to more disclosure requests as defendants seek to prove their innocence.

Issue: 7299 / Categories: Legal News
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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