Wright, R v
The appellant benefited from criminal conduct by being relieved of liability for solicitors' fees incurred in connection with his fraudulent insurance claim. The solicitors' fees paid by insurers constituted a pecuniary advantage within the meaning of section 76(5) of the Proceeds of Crime Act 2002, and were properly included in the confiscation order.
- Parties
- Respondent: Regina; Appellant: Robert Wright
- Jurisdiction
- England and Wales
- Judgment Date
- 19 February 2014
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Confiscation Order
- Outcome
- appeal dismissed
- Legal Topics
- Confiscation Order, Pecuniary Advantage, Insurance Fraud, Solicitor Fees
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Respondent
Robert Wright
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Confiscation Order
Legal Issues
- 1 Whether solicitors' fees paid by insurers in connection with a fraudulent claim constitute a pecuniary advantage for the purposes of the Proceeds of Crime Act 2002
- 2 Whether the appellant benefited from criminal conduct by being relieved of liability for solicitors' fees
Ratio Decidendi
The appellant benefited from criminal conduct by being relieved of liability for solicitors' fees incurred in connection with his fraudulent insurance claim. The solicitors' fees paid by insurers constituted a pecuniary advantage within the meaning of section 76(5) of the Proceeds of Crime Act 2002, and were properly included in the confiscation order.
Court Disposition
appeal dismissed
Orders
- confiscation order in the sum of £4,915.99 upheld
- recovery of defence costs order against appellant in the sum of £300
Full Case Text
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