Source: All England Reporter
Publisher Citation: [2012] All ER (D) 122 (Mar)
Neutral Citation: [2012] EWCA Crim 500
Court: Court of Appeal, Criminal Division
Judge:

Sir Anthony May P, Hughes and Lewison LJJ, Dobbs and Underhill JJ
Representation Peter Christopher Rouch QC and John Ryan (instructed by TNT Solicitors) for the defendant.
  David Perry QC (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 14 March 2012

Catchwords

Criminal Law - Appeal - Fraud - Defendant solicitor acting for both purchasers of properties and mortgagor building society - Defendant making bridging loans (loans) to purchasers in individual capacity - Defendant requiring declarations of trust from purchasers as security for loans - Purchasers using loans to purchase properties - Defendant providing building society with certificates of title as to properties (certificates) - Mortgages subsequently being provided by building society - Monies used to repay loans - Defendant receiving cash sum from purchasers for acting for them - Details of defendant's interest in properties not being disclosed to building society - Defendant being convicted of numerous counts of fraud and transferring criminal property - Defendant appealing conviction - Whether judge's directions adequate - Whether, on proper construction of certificates, false representations being made - Whether conviction safe.

The Case

Criminal Law Appeal. The Court of Appeal, Criminal Division, in allowing the defendant's appeal against convictions for fraud and transferring criminal property, held that the convictions could not be sustained, as representations regarding properties made by the defendant solicitor in certificates of title had been true. Accordingly, the convictions would be quashed.

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