Blog

Landlord not guilty of HMO offences after

December 12, 2018

Landlord not guilty of any offence in Houses in Multiple Occupation prosecution Our landlord  client was being prosecuted by summons for various offences under the Hosues iN Multiple Occupation Regulations.  They had let a two-bedroom flat to a couple who had in turn, without the landlords knowledge, sublet to up to 12 people. The matter was […]


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Criminal legal Aid is broken and it needs more than a review to fix it.

December 11, 2018

The Criminal Legal Aid basic fee for dealing with this high value fraud is £103.18 This is no joke. Last week we were asked to accept a transfer of legal aid in a  fraud case valued in the region of one million pounds. The client could no longer get on with his solicitor and wanted […]


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Moss & Co, a special firm.

November 8, 2018

Moss & Co 25 this year. I thought would take this opportunity to have look at the history of Moss & Co since Narinder and I established it in 1993.  I believe it is a very special if not unique law firm. This account may be of interest to committed, dynamic young (or not so […]


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Appeals in PIP, DLA, and ESA cases for private clients

September 4, 2018

Moss & Co Welfare Benefits representation and advice service There is no legal aid for legal advice in connection with Mandatory Reconsiderations or appeals against DWP decisions in PIP, DLA, ESA or Incapacity Benefit claims. We are experts in these fields. Our senior solicitor Keith Hollywood has over 15 years’ experience. We set out the […]


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Professional fraud clients – a bespoke service

February 1, 2018

A professional fraud client needs a bespoke service A professional client under investigation for fraud has a wide range of issues to consider.  The investigation itself is often overshadowed by the life changing consequences of prosecution.  At a time when clear focussed, dispassionate  thinking is required emotional responses about the future can cloud judgement. Clients […]


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Rape acquittal – What went so badly wrong in the case of Liam Allan?

December 18, 2017

Attack is the only form of defence in criminal disclosure Mr Allan was charged with multiple accusations of rape and sexual assault. In many respects, this would have been a classic and a challenging case for any jury. He was found not guilty without having to call any evidence. Something significant had gone very wrong. […]


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Paying Privately for Benefit Fraud solicitors

December 12, 2017

Benefit Fraud why you may be better off instructing your benefit fraud solicitor privately.  There are more and more benefit fraud prosecutions. As a result more and more people need the services of an expert benefit fraud solicitor. This is a result of two things. Firstly, the austerity measures brought in by the government. Secondly […]


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Extradition and the importance of legal representation

December 6, 2017

Extradition – An Introduction Extradition is the process where one country asks another to return a person to stand trial or to serve a sentence. The UK has extradition relations with over 100 territories around the world. What Is the Process? The requesting State contacts the UK authorities and makes an extradition request. This may […]


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Jury Trial – How Your Fate is Decided

December 4, 2017

Crown Court Jury Trial We talk a lot in this Country about the benefits of a jury trial, how leaving the decision in the hands of 12 people chosen at random, is the fairest way of securing justice. How does a jury decide? How do juries decide? Laws prevent juries being asked about how they […]


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Forensic Test Scandal – Is Your Drug or Drink Driving Conviction Safe?

December 3, 2017

Your drug or drink driving conviction may be unsafe New details have emerged about forensic testing deficiencies at two of the country’s leading laboratories. Police are currently investigating the circumstances.  A number of people have been arrested. Randox Testing Services (RTS) and Trimega Laboratories handle samples for some of the most high-profile criminal and family […]


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Drink Driving – None for The Road

December 1, 2017

  Drink Driving – what to do if you are charged The national pre-Christmas drink drive campaign starts today.  The dark wintry nights will be filled with office workers wending their way home from the annual Christmas party. As night follows day, this campaign coincides with a national police initiative concerning drink driving. Forces across […]


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Thinking of handing in your gun? Get advice before calling the police

November 17, 2017

A good opportunity to surrender guns without a licence but get advice first. A two-week gun amnesty began on 13TH November across the UK. In this period people will have an opportunity to dispose of firearms and ammunition safely, with ‘no questions asked’. Six thousand guns were handed in during similar amnesty in 2014. Who […]


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Driving Disqualification – Get Your Licence Back

November 15, 2017

Disqualified for 2 years or more? – How to apply for driving licence return. In some instances, it is possible to apply to a court and ask that a driving ban is ended early. You can apply for your driving licence return. If your circumstances have changed since being disqualified ask one of our criminal law […]


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Manslaughter conviction follows from brake failure

November 8, 2017

Time to Test the Brakes In December 2016 two men were convicted of manslaughter following an avoidable brake failure that resulted in the deaths of four people, including a young girl. It may surprise you that neither of the men drove the vehicle, but they were responsible, as the haulage boss and mechanic. One was […]


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Drugs – No Laughing Matter.

November 7, 2017

Nitous Oxide is a drug if you possess it with intent to use it ‘Laughing gas’ one of many psychoative drugs  is back in the news. It is more properly known as Nitrous Oxide or in street slang “NOS”. This follows a Court of Appeal ruling that the substance is controlled by the Psychoactive Substances […]


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The value of an apology in a criminal case

November 1, 2017

Sorry, seems to be the hardest word… But in criminal law, sometimes a simple act of contrition, genuinely felt and communicated, can alter a case outcome significantly. A timely admission and expression of sorrow can make the difference between a formal resolution such as caution or charge, and persuade the police to consider an out […]


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Can My Sentence Be Increased on Appeal?

October 26, 2017

An Attorney Generals Reference can increase sentence. Many defendants feel a sense of the nightmare coming to an end once they have been sentenced.  They accept the outcome  and the sentence passed. They prepare to move on with their lives. But for some, the anguish is not over as the prosecution can appeal. Who can […]


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Moss & Co, 25 years as Criminal Law Solicitors in Hackney

October 24, 2017

Early days We first opened our criminal law solicitors practice in Clapton Square Hackney on 3rd January 1993. The office was a rundown Georgian Building, leaking at the seams which I, for want of ready cash, had tried to repair in an entirely amateur and ineffective way. Before we moved in it had been a […]


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Body-Cams are they good or bad for defendants in criminal cases?

October 24, 2017

Criminal cases in the era of the body-cam Police forces across England and Wales are preparing for a rollout of ‘Body-worn Cameras’. The government has announced that prison officers will also have this new technology. Evdience in criminal cases will in future offten include footage from body-cams. What are Body-worn Cameras (body-cams)? Body-cams are small recording […]


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Private client crime for your important and difficult criminal case?

October 20, 2017

Should I pay privately or get legal aid? One of the most stressful things in life is to be accused of crime or even invited for an interview under caution. For many people the loss of reputation and career opportunities are as bad as any potential penalty. At Moss & Co’s   Private Client Crime department we […]


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New prisoner licence changes could mean more breaches

October 18, 2017

Released on licence, But Not Free For many offenders, a prison sentence is a grim reality, a punishment that must be served, often impacting not only on a single individual but in many cases their family. So, when the day of release comes, it is a significant moment, the door on punishment closed and a […]


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Government Signals Tough Sentencing Changes

October 16, 2017

Criminal law solictor explains the new Sentencing crackdown Over the last few days, the government has announced proposals to introduce new offences and increase sentencing for a range of other offences. Keith Hollywood one of our criminal law solcitors explains the proposals. Knife crime Knife crime increased by 20% in the last year, prompting the […]


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Tax Prosecutions – A Change for Business Ahead

October 16, 2017

PROSECUTIONS FOR TAX OFFENCES TO INCREASE? The main provisions of the Criminal Finances Act 2017 come into force on 30th September 2017, and there are important things for a business to know. New Provisions   While tax evasion is already an offence, currently there is no obligation on a company to take steps to stop another […]


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How can a solicitor help when I am under investigation for fraud or financial crime?

October 13, 2017

In this article I will look at the Investigation stage of  financial crime cases such as fraud, money laundering, tax evasion, and VAT fraud. It will be from the point of view of the suspect. However, the comments made particularly apply to complex investigations where large sums are involved. I will look at the steps that […]


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Proposed increase in sentences available for animal cruelty offences

October 12, 2017

 Anmal Cruelty sentences to increase The government is to introduce new law to increase the maximum prison sentence for offences under the Animal Welfare Act 2006. The current limit is six months’ imprisonment, but the new proposals would raise it to five years. This would bring England and Wales into line with other countries’ policies […]


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The Sex Offender Register – How to Be Removed From The List

October 10, 2017

What is the ‘Sex Offender Register’?  Defendants convicted of sexual offences face an additional burden on top of any sentence they receive. The sex offenders register contains the details of anyone convicted, cautioned or released from prison for sexual offence against children or adults since September 1997. How do the police know where the sex […]


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Fly Tipping prosecutions likley to increase

September 27, 2017

Environment Agency Clamping Down On Fly Tipping Fly tipping waste in fields and empty commercial properties is becoming a real problem. If the land is contaminated or insurance rises as a result it becomes very costly. Dumped waste is also a major fire risk. So its not surpising that we expect a crack down. What […]


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Licence withheld after disqualification for drink driving?

September 25, 2017

  High Risk Offenders and disqualification Many people convicted of driving with excess alcohol leave court with a pretty clear idea as to the length of their driving disqualification. Sadly  there can be  a shock further down the line. You do not have a  ‘right’ to hold a driving licence, just  becaue you passed a driving test. The […]


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LIAR? ITS NOT ONLY ON TV THAT PEOPLE ARE ACCUSED OF RAPE AND OTHER SEXUAL OFFENCES

September 20, 2017

Liar, ITV’s new 6-part drama, is gripping the nation. People are already reaching conclusions as to whether Laura, played by the actress Joanne Froggatt is telling the truth when she accuses surgeon Andrew of raping her. For most of us, this is highly watchable drama as we flip flop between whom we believe, our perceptions […]


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Benefit Fraud Investigation – an anatomy.

February 28, 2017

A Benfit Fraud investigation – the 5 steps There are 5 distinct phases to  Benefit Fraud and Tax Credit Fraud investigations. Because we conduct hundreds of cases we have become highly  experienced and succesful Benefit Fraud solicitors. This means we always take the right steps to ensure the best outcome. The result is that in many […]


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PIP Tribunal Success

January 19, 2017

PIP TRIBUNAL WIN AFTER BENEFIT REFUSED ON TRANSFER FROM DLA Our Client suffered from “no warning “ low blood sugar attacks which could not be predicted. Her family had learnt to recognise the signs of an attack.  She had been on disability benefit (DLA) for many years. She was required to move to a Personal Independence […]


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Backdated Tax Credit Premium should be paid in full to families with disabled children

November 30, 2016

Tax Credit Premium must be paid The Guardian newspaper reports that  families with disabled children have been denied payments of a premium on Tax Credits. Some claims go back over 5 years. According to the Government this is due to a “a gap in the data feed between DWP and HMRC”,  Some families have lost […]


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Tenancy Fraud – Housing Law or Criminal Law?

September 22, 2016

Tenancy Fraud There has been a recent drive to tackle tenancy fraud and to recover secure tenancies and assured tenancies (those social tenancies managed by Housing Associations). We have seen an increasing number of interviews under caution (formal interviews as part of a criminal investigation) being carried out in relation to alleged tenancy fraud. Understanding […]


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The Social Housing Fraud Act 2013

February 24, 2015

Defending Social Housing Fraud cases The Social Housing Fraud Act became law in 2013.  We were expecting a wave of possession claims, prosecutions and applications for confiscation of profits. What was expected to be a flood turned out to be a trickle – until now. In the last few weeks we have noticed a sharp […]


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Benefits problems, appeals and reviews.

January 6, 2015

We have the answer to your benefits problem Being on benefits these days is no picnic.  The politicians have been very effective in persuading even the most liberal of us that everyone can find a job, everyone is capable of doing some sort of work and that benefits are a privilege rather than an entitlement. People […]


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Do you want to appeal conviction or sentence?

November 26, 2014

   Should you appeal your Crown Court conviction? You want to Appeal now! The worse has happened.  You have fought your case. The jury have taken hours to reach a decision and your heart falls through the floor as the guilty verdict is announced.  This happens every day in every criminal court in the country. […]


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Indecent exposure or a refreshing walk?

January 22, 2014

Indecent exposure and the Naked Rambler – a sledgehammer to crack a nut. One of the life affirming moments on my bike ride to work is the alarum of a Cockerel coming over the Holloway houses. He had gone silent over the Christmas break and I was concerned that the subject of my positive musings […]


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Is there such a thing as Free Advice

January 14, 2014

Is free advice free? Free advice will be advertsied all over the web espescially for Welfare Benefits where legal aid has been withdrawn.  It is best to think of Free Advice, as advice paid for by someone else.  In the good old days that would have been the government. Pop along to your local solicitor, […]


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Benefits Cuts Street

January 7, 2014

Life on Benefits Cuts  Street  This TV program seemed as if it had been chosen, produced and directed by George Osborne himself. He must also have arranged the scheduling. No sooner had it finished its selective tour of the hard up occupants  of the 99 houses than the chancellor himself pops up demanding  that half the future cuts […]


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Benefits Investigation Advisors

December 13, 2013

Using an unqualifed Benefits Investigation Advisor could cost you dear. You are worried about your Benefits Investigation. Be careful not to waste your money and get a poor result by using unquailfied Benefits advisors who are currently advertising on the Web. To all extents and purposes their web sites look like  law firms. The name sounds […]


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The Law Society is not acting in the best interests of the majority of Criminal Legal Aid firms

November 19, 2013

Is this the last chance for Criminal legal Aid?  Euphemisms are used to hide the truth by those wishing to protect their interests.  The Law Society Council members are experts in euphemistic management speak. They use it to undermine the criminal law firms and solicitors whose subscriptions keep it in comfortable establishment grandeur.  Let us […]


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Housing Fraud Act 2013 subletting is now a crime.

October 24, 2013

Housing fraud  act may make criminals out of sub-tenants The government claim that as of 2012 there were some 100,000 Council and Housing Association properties that were unlawfully sublet. There is an acute housing shortage. Many tenants may have been pushed into accommodation which, because of the new law,  could lead to criminal  charges. The […]


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Will the slashing cuts to Legal Aid lead to miscarriages of justice?

October 17, 2013

Grayling angers the committee over Legal Aid   Justice Secretary Chris Grayling appeared before the House of Commons justice select committee yesterday, where he faced a grilling from MPs over the government’s criminal and civil legal aid reforms.  To the obvious annoyance of both Labour’s Jeremy Corbyn and Plaid Cymru’s Elfyn Llwyd, who is a barrister, Grayling […]


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Martha Moss asks “Is the Bedroom Tax fair”?

October 8, 2013

Bedroom Tax It has spawned court appeals from disabled people and prompted human rights concerns from the UN. Labour has promised to reform it, 59 per cent of the public want it scrapped and the Liberal Democrats are growing increasingly uncomfortable with it. The infamous ‘bedroom tax’ – which came into force in April will […]


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Why should I have to pay for Legal Advice on my ESA or DLA Appeal?

October 3, 2013

ESA and DLA appeals I have been watching the data on our Website. Many people are interested in DLA and ESA appeals but are reluctant to risk their carefully budgeted funds on legal advice.  There are two main reasons for this:  Until 1st April 2013  Benefits claimants were entitled to free legal advice under the […]


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Benefit fraud, the long arm of the law.

October 1, 2013

Benefit Fraud Investigators use data bases Benefit fraud takes many forms from failure to disclose a few pounds earned whilst in receipt of income based benefits such as Income Support, Housing Benefit or Council Tax  to claimants who have tens of thousands of pounds sitting in deposit accounts in their name.  Our earlier blog discussed […]


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Landlords beware- even registered deposits can bite back

September 23, 2013

In a recent case, a landlord decided they wanted their property back on the expiry of an assured short hold tenancy. They issued possession proceedings under the accelerated procedure. A £600 deposit, which had been placed in an approved deposit protection scheme, had been paid at the start of the tenancy. The schedule of the […]


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Why medical evidence is essential to win your ESA or DLA appeal

September 13, 2013

Employment and Support Allowance (ESA) is awarded when claimants have medical problems that prevent them from being able to work. Disability Living Allowance (DLA) is granted when claimants need extra financial support to help deal with a disability. Almost all refusals of these benefits arise from a ‘medical assessor’ finding, following a short interview with […]


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Own client v duty dog

September 5, 2013

The die is cast – the return of quality to criminal defence? There is a huge difference between criminal clients, who choose their solicitors and those who instruct them through the national duty solicitor schemes. Own clients make their choice of firm for many reasons, including: The reputation for high quality work They have achieved […]


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Benefits fraud investigation? Instruct a solicitor immediately

September 5, 2013

Benefit fraud, appears to be the flavour of the month for the UK’s tabloid press. It would appear the media are fed story-after-story by Government spin doctors seeking to justify far-reaching cuts to the Welfare Budget. Extra resources have been committed to fraud investigators. The inevitable outcome is undoubtedly a large rise in the number […]


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Digital working and the criminal lawyer – the world after Snowden and Miranda

August 27, 2013

Some lawyers do not like the digital world.  Long-standing habits of deep consideration of the facts, careful analysis and arcane procedures for document production do not sit well with the immediacy of digital communication.  Click ‘send’ and your message has gone – no retrieval from the post tray.  I had a colleague in the early […]


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The impact of Legal Aid cuts on welfare benefits appeals

August 6, 2013

An avalanche of welfare reforms recently implemented by the Government has resulted in Legal Aid being scrapped for the majority of UK welfare benefits cases. Up until its withdrawal on April 1, 2013, we had been able to help people who had been refused Disability Allowance (DLA) or Employment Support Allowance (ESA). Over the years, […]


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Moss & Co gain possession despite Counter Claim for disrepair

August 2, 2013

The Landlord instructed Moss & Co just  two days before the initial possession hearing. The Landlord had initially issued possession proceedings themselves under Ground 8 in relation to rent arrears. The tenant had defended and counterclaimed for disrepair. The Counterclaim was going to delay the grant of possession for many months as the Court would […]


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The ever-changing face of the UK’s criminal defence service

August 1, 2013

Our fee earners have been defending people since 1978. Back then, very few specialist criminal defence firms existed, there was no prestige in the practice and the work tended to attract less pay compared to other legal disciplines. There was no right for suspects to be represented at police stations, this was granted at the […]


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Fixed fees are the way forward as Legal Aid cuts continue to bite

July 14, 2013

The UK’s criminal defence service has rapidly-evolved in recent years (hyperlink to crime blog part one) as a result of a number of factors, including legislative changes and the Government introducing competition into the market. As the profession has changed, a culture has also developed in which criminal defence is increasingly perceived as being a ‘free’ service. […]


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