What is the Maximum Sentence for Charity Fraud?

If you or someone you care about is facing a charity fraud allegation, determining the potential maximum sentence is a common concern. Solicitors receive many inquiries about potential sentences in such cases. While charity fraud penalties can be serious, there are possible avenues for mitigating punishment if found guilty. This article aims to provide an overview of charity fraud, discuss the potential maximum sentence, highlight considerations from sentencing guidelines, explore strategies a solicitor might use to minimize the sentence, and suggest additional resources for assistance.

What is the offence of charity fraud?

In England, the offence of charity fraud is governed primarily by the Fraud Act 2006, specifically under Section 4 (“Fraud by abuse of position”) and Section 2 (“Fraud by false representation”). Additionally, the Charities Act 2011 provides supplementary regulations regarding the operation and governance of charities, including provisions related to fraud.

The offence of charity fraud typically consists of the following elements:

• Intent: The individual knowingly engages in deceptive practices with the intention of defrauding a charity or its beneficiaries.
• Misrepresentation: The individual misrepresents information or presents false statements with the aim of deceiving the charity or its stakeholders.
• Abuse of Position: The individual exploits their position within the charity for personal gain or to cause loss to the charity or its beneficiaries.

What are some examples of charity fraud?

Examples of charity fraud include:

• Submitting false financial statements to obtain funding from donors or grant-making organisations.
• Diverting charitable funds for personal use.
• Creating fictitious charities or charitable projects to solicit donations.
• Overstating expenses or understating income in financial reports to conceal embezzlement.
• Misappropriating donations intended for specific charitable purposes for personal gain.
• Using deceptive methods, such as door-to-door canvassing or unsolicited phone calls, to solicit donations for a fictitious charity or misrepresenting the purpose of the charity.
• Creating fake employees or contractors within the charity’s payroll system and diverting funds intended for salaries or services to personal accounts.
• Colluding with others to manipulate the bidding process for charitable projects or contracts.
• Illegally transferring ownership of valuable assets, such as property or equipment owned by the charity, into personal ownership.
• Fabricating invoices, receipts, or other financial documents to create the appearance of legitimate expenses or transactions.

What is the maximum sentence for charity fraud in England and Wales?

The maximum sentence for charity fraud in England and Wales depends on the specific circumstances of the case and the severity of the offence. The Fraud Act 2006, under which charity fraud falls, provides for a maximum custodial sentence of up to 10 years for the most serious cases.

The Sentencing Council guidelines offer guidance to judges and magistrates when determining the appropriate sentence for charity fraud offences. Factors such as the amount of money involved, the level of planning and sophistication of the fraud, the impact on victims and charitable beneficiaries, and the defendant’s level of culpability are taken into consideration.

• For cases falling under Section 4 of the Fraud Act 2006 (“Fraud by abuse of position”), where individuals abuse their position within a charity for personal gain, the Sentencing Council guidelines suggest that custodial sentences are likely, particularly for cases involving substantial sums of money or significant breach of trust. The guidelines recommend considering aggravating factors such as the exploitation of vulnerable victims or the use of sophisticated techniques to perpetrate the fraud, which may lead to longer sentences.
• Similarly, for cases falling under Section 2 of the Fraud Act 2006 (“Fraud by false representation”), where individuals make false representations to charities or their donors, the Sentencing Council guidelines advise that custodial sentences may be appropriate, especially if the fraud involves significant harm or loss to the charity or its beneficiaries.

In the end, the sentencing decision is at the discretion of the judge or magistrate, who considers all relevant factors and mitigating circumstances presented during the trial. They will aim to impose a sentence that reflects the seriousness of the offence and provides a deterrent to others, while also taking into account any mitigating factors, such as early guilty pleas or remorse shown by the defendant.

What factors influence sentencing for charity fraud?

When sentencing for charity fraud, judges consider various factors to determine an appropriate penalty. These factors, outlined in Sentencing Council guidance and relevant legal principles, include:

• Amount of Loss: The magnitude of financial loss incurred by the charity or its beneficiaries due to the fraudulent activity is a significant consideration. Greater losses typically result in more severe sentences.
• Level of Planning and Organisation: Judges assess the degree of premeditation and sophistication involved in the commission of the fraud. Deliberate, carefully orchestrated schemes may attract harsher sentences.
• Impact on Victims and Charitable Beneficiaries: The effect of the fraud on the charity’s operations, beneficiaries, donors, and other stakeholders is crucial. Judges consider whether vulnerable individuals or communities were disproportionately affected.
• Abuse of Trust or Position: If the offender exploited a position of authority, trust, or responsibility within the charity to perpetrate the fraud, this aggravating factor is taken into account. Breach of fiduciary duty aggravates the seriousness of the offence.
• Duration and Frequency of Offending: Persistent or prolonged fraudulent conduct may warrant a more severe sentence. Repeat offences or a pattern of fraudulent behaviour demonstrate a heightened disregard for the law.
• Concealment and Obstruction: Attempts to conceal or cover up the fraudulent activity, such as falsifying records or obstructing investigations, aggravate the offence and may lead to an increased sentence.
• Personal Gain: The extent to which the offender personally benefited from the fraud is considered. Greater financial gain obtained at the expense of the charity typically results in a harsher sentence.
• Cooperation with Authorities: Defendants who cooperate fully with law enforcement, provide information, or assist in the recovery of assets may receive some mitigation in sentencing.

In determining sentences for charity fraud cases, judges strive to strike a balance between proportionality, fairness, and rehabilitation. They consider the severity of the offence, the individual circumstances of each case, and the principles of justice to impose sentences that are appropriate and reflective of the nature of the crime.

How can a solicitor help with reducing the sentence for charity fraud?

Engaging a solicitor to assist in reducing the sentence for charity fraud can be instrumental in navigating the legal complexities and advocating for a favourable outcome. Here’s how a solicitor can help:

• Legal Expertise and Strategy: Solicitors specialising in criminal law possess a deep understanding of relevant legislation, case law, and sentencing guidelines pertaining to charity fraud offences. They can develop a robust legal strategy tailored to the specific circumstances of the case, aiming to mitigate the sentence.
• Case Preparation and Representation: Solicitors meticulously prepare the case by gathering evidence, interviewing witnesses, and assessing the strengths and weaknesses of the prosecution’s case. They provide expert representation in court, advocating for leniency and presenting compelling arguments in favour of a reduced sentence.
• Negotiation and Plea Bargaining: Solicitors negotiate with the prosecution on behalf of their clients, exploring opportunities for plea bargains or alternative sentencing arrangements. They may seek to secure a plea to a lesser charge or negotiate a sentence reduction in exchange for cooperation or mitigating circumstances.
• Sentencing Mitigation: Solicitors present persuasive mitigation evidence to the court, highlighting factors that justify a more lenient sentence. This may include evidence of remorse, cooperation with authorities, personal circumstances, or efforts towards rehabilitation.
• Appeals and Post-Sentencing Advocacy: If a harsh sentence is imposed, solicitors can advise on the prospects of appeal and represent the client in appellate proceedings. They may also advocate for post-sentencing measures, such as early release or community-based sentences, to minimise the impact of incarceration.

When choosing a solicitor for assistance with charity fraud offences, consider the following factors:

• Look for solicitors with expertise in criminal law and a track record of successfully handling fraud cases, including charity fraud. Specialised knowledge of this area of law is crucial for effective representation.
• Seek recommendations from trusted sources or review solicitors’ credentials, testimonials, and case outcomes. A reputable solicitor with a positive reputation demonstrates competence and reliability.
• Choose a solicitor with whom you feel comfortable communicating openly and honestly. Effective communication and a strong attorney-client rapport are essential for building trust and collaboration throughout the legal process.

When meeting with a solicitor for the first time, expect a confidential consultation where you can discuss the details of your case openly. The solicitor will listen attentively to your concerns, gather relevant information, and provide initial legal advice regarding the potential consequences and options available to you.

Where to get further help

If you’re facing charity fraud charges, you might be feeling overwhelmed by concerns about the potential sentence. But don’t hesitate to seek help from the professionals at Stuart Miller Solicitors. Our knowledgeable and compassionate team can provide guidance and support tailored to your specific situation. We’ll assist you with all aspects of your case, from sentencing to any other legal matters related to charity fraud. Contact us today for expert advice and assistance.

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Gosling

16:48 16 Jan 25

i had rob on my case, he was very professional and dealt with my case brilliant! i got a suspended thanks to him. would highly recommend him. dylan

Md masum Hassan

13:29 16 Jan 25

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12:22 13 Jan 25

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15:34 03 Jan 25

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12:25 11 Dec 24

One of the things I’ve appreciated most is their exceptional communication. In fact, they take the time to explain the difficult legal points in a way that I could understand, despite their technicalities, thus I was never in the dark about what was going on. This was even more beneficial when dealing with complex transactions, which required a high level of clearness. Their commitment to updating me on every step along the way of the lawsuit indeed brought some peace of mind.

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I have had the pleasure of working with Stuart Miller Solicitors on several occasions over the years, and each experience has been outstanding. Their team is made up of highly skilled and experienced criminal justice attorneys who have a deep understanding of the law. A big differentiating factor is their degree of handiness in dealing with such pressing cases, thus, readily offering direction even when the issues are hard to crack.

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13:15 27 Nov 24

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Godson Success Benjamin

23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

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15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:53 28 Oct 24

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08:30 25 Oct 24

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15:43 11 Oct 24

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10:19 30 Sep 24

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N A

14:13 14 Aug 24

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19:53 11 Aug 24

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J B

09:14 10 Aug 24

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11:35 06 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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15:02 30 Jun 24

I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

Amazing lawyer firm. After being represented by Amirah K. we were able to have our case dropped within 5 months when original estimates had been 2 years!! Most firms said they would do nothing and that we should just do legal aid. Stuart Miller said “No” and instead seeked to represent us, they chased the OIC and went far and beyond.If you need a lawyer, don’t waste time on these other smaller firms that promise nothing but scary maybes and demand thousands in return. Go with Stuart Miller, it’ll be the best decision you ever made.

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11:42 13 Jun 24

We found this place on the last minute and we did not expect that the problem will be resolved.Was a complicated matter and we wouldn’t trust to everyone but Abu Kibla with his professional experience made it so calm and easy for us. We cannot thank him enough for being able to resolve our case with the best outcome ever. We will definitely recommend Abu to any friends or relatives. Once again thank you for the bottom of the heart.

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18:52 11 Jun 24

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06:44 29 May 24

I have unfortunately found myself in a position to be needing legal advice and representation in court. This company has been professional and efficient from start to finish. Excellent communication and advice from Kelly and representation from Robert in court. They were both amazing and explained every step of the process and calmed me down and also managed to get the unfounded charges dropped. I can’t recommend them enough. They absolutely take your case personally and try their hardest for you every step of the way.

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

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11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

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17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

Phillip taylor

19:05 10 Jan 24

Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

Victoria Poku

20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

Maryam Khan

19:54 19 Dec 23

Great service, very professional, highly recommend!!

J Rowe

21:00 09 Dec 23

Thank you to Holly Lambeth and the team for my not guilty verdict at woodgreen Crown Court.

Maria Missii

11:13 06 Dec 23

Very confidential, professional manner thank you Tasnuva for your help.

asfandyar mahmood

17:49 01 Dec 23

OOPPPS THEY DID IT AGAINTHANKS TEAMESPECIALLY TO NAIMAIF IT WASNT FOR YOUR HARD WORK I WOULDNT BE HERE

Gent Entz

09:45 01 Dec 23

I just like to say a very big thank to Stuart Miller and the team but most especially Victoria, Mohammed Zebb, Kiran and the Receptionist for all their hard effort and now I'm on my way forward with getting on with my own life; Thank you so much StuartMiller and team. I've been with you people since 2012/2013 (roughly 7 years) I'll never forget them in my future career. stuartMiller are extremely kind and respectful. To all you solicitors aswell I wish you all best.Thank you.All the best.

Gabriel Chirwa

15:51 28 Nov 23

When I called for help, straight away, they pick up the call. Spoken to me with respect and followed up with an email of instructions, which is a massive relief.

Joyce Cunningham

05:40 27 Nov 23

Kiran was very supportive to my family throughout our case and was easy to talk to. I was very pleased with the outcome and would recommend them to anyone.

MB London

20:03 23 Nov 23

Kiran was 100% helpful with my case and listened to me and advice me accordingly.I’m really happy with the outcome and I recommend their services to any one who’s looking for a good service and someone that can listen to you and help you with your case. Thank you so much Kiran and the whole team. Excellent job!

Imran

10:48 23 Nov 23

I would like to thank the team at Stuart Miller for helping me with my case, especially Kate andTasnuva, they both were dealing with my case and helped be through it and i am very happy with the outcome. also there price for fighting on my behalf was reasonable compared to another company who were charging extortion money for first consulation.

Abdi shakur Ali

21:28 18 Nov 23

Very helpful. Helped me understand, replied back very quickly.

Alby Davis

03:12 15 Nov 23

Their friendly and understanding demeanor was truly appreciated. I am incredibly thankful to Miller's and their appointed court solicitors for their excellent support.

Keshia

14:50 14 Nov 23

Fantastic solicitors. Would highly recommend them. All staff are amazing

Namna Janapori

06:12 31 Oct 23

Stuart Miller Solicitors are nothing short of miracle workers! When faced with serious charges, I felt lost and overwhelmed. But from day one, they assured me and proved their dedication by being accessible 24/7. They managed to get me out of troubles and gave me a second chance in life.

Mabz

22:54 28 Oct 23

Another one *DJ Khaled voice* Mohammed Zeb thats Big Bro buss another case as usual thank you and it’s always love. Different League Different Class Mike Tyson in the court room. No one try tell me about these fake internet tik tok lawyers in saggy suits using chat gpt to create defences don’t make me catch another case please. Trust Zeb be patient show love and respect and youll be alright. You get arrested go cell request 2 blankets and a fresh grey jumper and tell the Sarge call Stuart Millers then just go sleep real simple.

Sian Evans

20:51 25 Oct 23

Thank you Holly for representing me at the police station. You are a credit to Stuart Miller. Very professional and a lovely person. I can’t thank you enough. I would highly recommend you. ❤️

Kit Jenkins

06:11 19 Oct 23

If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

Fabian Jones

18:59 17 Oct 23

Incredible legal team! I couldn't have asked for better representation during the most challenging period of my life. They're genuine care made all the difference in my case.

MadDog Rules

13:11 17 Oct 23

Called Stuart Miller for advice. Bobbi was more than happy to advise me and answer all questions. When i had further questions, Mohammed personally called me to answer them in full. I can not recommend Stuart Miller highly enough and they went above and beyond, in taking the time to make sure all was taken care of and all questions answered.

Ambreen Farooq

20:06 12 Oct 23

I spoke with Mr. Kibla regarding a query I had and he was so helpful and informative. Will definitely be using their services if ever needed.

Norrys 88

10:26 11 Oct 23

Thank you team stuart millerI was on a suspended sentence and i breachedA brilliant director from the firm saved me

Berivan Murat

14:13 04 Oct 23

Fantastic service. When I was going through my case they were very comforting and helped keep me sane during my proceedingsAnd was patient through my anxiety

kevin Lutchmiah

12:42 04 Oct 23

Excellent communication skills the correct result thanks guys

Shabbir Ahmad Safi

12:17 04 Oct 23

An excellent firm and knowledgeable solicitorsI had no idea who to got when my money was seizedMohammed zeb was proactive in his advice sensitive to my needs and challenging to the systemI got the cash and won my caseThe moral is: Experience is a mustDedication is trustMotivation is keyThanks

Aishah M

19:36 29 Sep 23

Amazing service, called for advice and they did not disappoint at all, would highly recommend using them

XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

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