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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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. […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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. […]Read More
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 […]Read More
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, […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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, […]Read More
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 […]Read More
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 […]Read More
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. […]Read More