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Case Collapses following Prosecutorial Misconduct

News4th February 2025

Daniel Cundy, Partner assisted by Rachel Wilson, Partner and James Wilson, Associate achieved a significant win at Nottingham Crown Court on 3 January 2025.

Instructing Stephen Kamlish KC, Brendan Kelly KC and Bill Evans, Blackfords LLP represented the first defendant in the eight defendant trial of ‘Operation Mickey’, a large and complex prosecution brought by West Midlands Police Regional Organised Crime Unit, HM Revenue & Customs and the CPS Complex Fraud Unit. The case involved counts of Conspiracy to Defraud, Fraudulent Trading, Failure to Keep Adequate Accounting Records, Conspiracy to Cheat the Revenue (corporate tax and indirect tax) and Perverting the Course of Justice.

The prosecution alleged a sophisticated operation, involving numerous corporate identities said to be responsible for a large and serious cash-for-crash motor insurance fraud. The alleged criminality was said to have encompassed the operation of accident claims management companies, breakdown and recovery, vehicle storage and car hire services. The value was alleged to be in excess of £5,000,000.00.

The indictment period spanned six years, the defendants were first arrested in 2016, charged in 2019 and awaited trial until November 2024. Blackfords LLP represented the first defendant for six years.

Very serious prosecutorial misconduct was discovered during the months leading up to the trial and, had the case not collapsed, limb two abuse of process arguments were to proceed. However, following legal arguments, submissions and robustly pursued disclosure requests, which took place over nearly 60 days and which revealed the misconduct to a yet greater extent, the prosecution were forced initially to offer no evidence in respect of the fraud counts and then, eventually, to offer no evidence in respect of the remaining counts. All remaining defendants were acquitted.