Published on: 21 November 2024
Published by a Law360 reporter
On 14 November 2024, High Court Judge Robert Miles delivered a judgment concluding that former executives of the mini-bonds issuer deceived investors, spotlighting behaviour sure to interest the anti-fraud prosecuting agency. Running in parallel with those civil claims, the SFO has probed figures linked to the company since its 2019 collapse. Five people have been arrested, yet no charges have followed. While the court proceedings have provided a granular examination of the episodes in question, lawyers warn that how far the agency can leverage the findings remains uncertain. In this piece, Law360 surveys the key lessons from the 341-page ruling—and what they may signal for the SFO's inquiry.
London Capital & Finance plc, propelled by glossy promotions and assurances of steady, bank-beating yields, drew in over 11,600 backers—the biggest investment scheme of its type nationwide at the time. And, as Miles J put it, it was a Ponzi scheme. LC&F's chief executive, Michael 'Andy' Thomson, and alleged shadow director Spencer Golding, together with other insiders at the firm, were central to the actions dissected in the judgment and are among those of ongoing interest to the agency...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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