Blog

November 8, 2023

Protest and Survive Moss & Co has extensive experience of representing protesters. From the Stop the City protests of the 1990s to animal rights cases and protests outside arms fairs. We have always sought to uphold principles of free speech and the right to protest.  We have argued that acts of protest, which would otherwise […]

November 28, 2019

Unlawful Subletting Profit Order for £100,974.94 The news that a defendant was ordered to pay Westminster City Council £100,974.94 has attracted attention from the BBC and national newspapers. However, almost all the reporting described the penalty as “a fine”. This is a fundamental misunderstanding of what happened. The order was for repayment of unlawfully obtained profits […]

December 14, 2018

Under the  Police, Crime, Sentencing and Courts Act 2022  police can now give suspects bail for up to 3 months. Where this is insufficient then an  officer whose rank is inspector or above can extend it to six months. But that is not the end of it,  for if there is still more evidence gathering […]

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 Houses in Multiple Occupation Regulations.  They had let a two-bedroom flat to a couple who had in turn, without the landlord’s knowledge, sublet to up to 12 people. The matter was […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

November 7, 2017

Nitrous Oxide is a drug if you possess it with intent to use it ‘Laughing gas’ one of many psychoactive 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 […]

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 […]

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 […]

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 […]

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. Evidence in criminal cases will in future often include footage from body-cams. What are Body-worn Cameras (body-cams)? Body-cams are small recording […]

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.  Our Private Client Crime department we provide a […]

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 […]

October 16, 2017

Criminal law solicitor 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 solicitors explains the proposals. Knife crime Knife crime increased by 20% in the last year, prompting the […]

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 […]

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 […]

October 12, 2017

 Animal 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 […]

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 surprising that we expect a crack down. What […]

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 […]

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 […]

February 28, 2017

A Benefit 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 successful Benefit Fraud solicitors. This means we always take the right steps to ensure the best outcome. The result is that in many […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

January 14, 2014

Is free advice free? Free advice will be advertised all over the web especially 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, […]

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 […]

December 13, 2013

Using an unqualified 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 unqualified Benefits advisors who are currently advertising on the Web. To all extents and purposes their websites look like  law firms. The name sounds like […]

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 […]

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 […]

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 […]

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 […]

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 […]

October 1, 2013

Benefit Fraud Investigators use databases 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 the […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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 […]

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. […]