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In the first of a short series of bite size articles, Jonathan Underhill takes a deeper look into the enforcement of the Novel Food regime and seeks to identify and breakdown the powers made available to those agencies, who are tasked with securing compliance. In this article Jonathan gives an introductory overview of · The imported Section 9 FSA 1990 regime · Civil sanctions under Section 5 · Criminal sanctions under Section 4 · The Brexit transition and its...
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Last month the Coronavirus Act 2020 (CA 2020) received Royal Assent and the Health Protection (Coronavirus, Restrictions (England) Regulations 2020, SI 2020/350 (the ‘Regulations’) came into force. These give wide new enforcement and prosecution powers to the police and local authorities, on health protection grounds. 3PB's crime and regulatory barrister Jonathan Underhill reviews these powers and the restricting the movement of people. These actually replace earlier regulations designed to limit the use of, and then...
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3PB Barristers’ Jonathan Underhill was instructed to represent the first defendant in a case brought by Isle Of Wight Council Trading Standards. The case involved thousands of counterfeit items from well-known brands including Chanel; Hugo Boss; Ted Baker; Adidas; Calvin Klein; Moncler; Jack Wills; Ugg; Michael Kors and Nike. Following submissions on the lack of an evidential basis upon which to establish significant profit, and reference to the guidance cases of R v Khan (2013)...
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3PB Barrister Jonathan Underhill was instructed by non-domiciled UK residents to draft urgent application papers and provide representation for third party interests to seek the proper return of funds argued to be legitimate and distinct from criminally obtained proceeds forming part of a complex international fraud. The Criminal Finances Act 2017 inserted sections 303Z1 – 303Z19 into the Proceeds of Crime Act 2002. Those provisions came into force in 2018 and are increasingly used by...
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Specialist criminal and regulatory barrister, Jonathan Underhill acting on behalf the local London Borough was successful after a fully contested trial on the issues’ of proper HMO classification and ownership/ control. At any one time there were up to 8 people living in a single bedroom flat. The Defendant was investigated and formed part of Chanel 5’s series “Nightmare Tenants, Slum Landlords”. Jonathan helped to secure guilty verdicts on all charges, a five figure sum...
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3PB Crime Group Jonathan Underhill and Graham Gilbert are delighted to present a criminal update on behalf of the Hampshire Incorporated Law Society on Thursday 11th April 2019. Topics: Domestic Violence: Is further legislation the answer? The landmark draft Domestic Abuse Bill has been published (Monday 21 January), aimed at supporting victims and their families and pursuing offenders. Are the proposed changes and additions simply provisions which are long overdue, or will more legislation make a complex a delicate...
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3PB Barrister Tim Bradbury leading Tom Evans successfully prosecuted four Defendants who had engaged in a sequence of ‘phoenix frauds’ cheating the public revenue of more than £3.2 million over a period of 10 years. Between them, the Hashtroudi Brothers received a total of 14 years imprisonment. 3PB Barrister Jonathan Underhill, representing their bookkeeper, was the only party to secure a suspended sentence of imprisonment. The case has been covered by the BBC.
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3 Paper Buildings (3PB Barristers) has continued its expansion with the arrival of Jonathan Underhill who joins chambers as an expert criminal and financial crime barrister from Foundry Chambers (formerly 9-12 Bell Yard). He was called to the Bar in 2008, Jonathan is highly rated for financial crime and POCA cases, regulatory cases and criminal casework. Jonathan is regularly instructed to act for the Specialist Fraud Division of the CPS as well as HMRC most...
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