WHAT IS THE MAXIMUM SENTENCE FOR CONSPIRACY TO DEFRAUD?

Are you facing a charge related to conspiracy to defraud and wondering about the potential maximum sentence for this offence? If so, you are not alone. Concern about potential sentences is one of the most common inquiries clients bring to their solicitors. While the sentence for conspiracy to defraud can be substantial, there are avenues that a solicitor can pursue to potentially mitigate the time spent incarcerated, if indeed a custodial sentence is imposed. In this article, we will briefly outline the offence of conspiracy to defraud, discuss the maximum sentence applicable, highlight key considerations from the sentencing guidelines, explore how a solicitor can assist in reducing the sentence, and provide resources for further assistance.

What is the offence of conspiracy to defraud?

In England, the offence of conspiracy to defraud is governed primarily by common law, with additional provisions found in the Fraud Act 2006. The offence involves an agreement between two or more persons to defraud another party, typically involving dishonesty with intent to deceive for financial gain.

The elements of the offence of conspiracy to defraud include:

• Agreement: There must be an agreement between two or more persons to act together in carrying out the fraudulent scheme.
• Intent: The parties involved must have the intention to defraud another party, typically involving dishonesty and deception.
• Act or Omission: There must be an act or omission in furtherance of the fraudulent scheme, such as making false representations, concealing information, or engaging in other deceptive conduct.
• Financial Gain or Loss: The fraudulent scheme must be aimed at obtaining financial gain for the conspirators or causing financial loss to the victim.

Examples of conspiracy to defraud may include:

• Two individuals agreeing to manipulate financial records to fraudulently obtain loans from a bank.
• A group of people conspiring to deceive investors by misrepresenting the financial health of a company in order to inflate its stock price.
• Colluding to deceive customers by selling counterfeit goods under false pretences.
• A scheme involving multiple parties working together to cheat an insurance company by submitting false claims.

These examples illustrate the variety of fraudulent activities that can constitute the offence of conspiracy to defraud under English law.

What is the maximum sentence for conspiracy to defraud?

In England and Wales, the maximum sentence for conspiracy to defraud varies depending on the severity of the offence and other mitigating or aggravating factors present in the case. As per the Fraud Act 2006, individuals convicted of conspiracy to defraud may face a maximum sentence of imprisonment for up to 10 years.

The Sentencing Council provides guidelines to assist courts in determining appropriate sentences for offences, including conspiracy to defraud. However, specific sentencing outcomes depend on the circumstances of each case, including the extent of the conspiracy, the amount of financial harm caused, the level of planning and sophistication involved, and the defendant’s level of culpability.

While the maximum sentence is set at 10 years’ imprisonment, the actual sentence imposed will be determined by the judge based on the individual facts of the case and the sentencing guidelines. In cases involving complex fraud schemes or significant financial losses, sentences at or near the maximum may be appropriate. Conversely, sentences may be lower for less serious offences or where mitigating factors are present.

When considering sentencing for conspiracy to defraud in England and Wales, courts will weigh the severity of the offence alongside other relevant factors to arrive at a fair and proportionate sentence in accordance with the law and sentencing guidelines.

What factors influence sentencing for conspiracy to defraud?

When sentencing for conspiracy to defraud in England and Wales, judges consider various factors to ensure a fair and proportionate outcome. These factors include both aggravating and mitigating circumstances, as well as guidance provided by the Sentencing Council. The main considerations influencing sentencing for conspiracy to defraud include:

• Extent of the Conspiracy: The scale and complexity of the conspiracy play a crucial role in determining sentencing. Larger, more elaborate schemes involving multiple participants and substantial financial losses may attract harsher sentences.
• Financial Harm: The extent of financial loss caused by the conspiracy is a significant factor. Courts will consider the amount of money or assets obtained through fraudulent means and the impact on victims, businesses, or the wider economy.
• Level of Planning and Organisation: The degree of planning, sophistication, and organisation involved in executing the conspiracy is taken into account. More carefully orchestrated schemes with detailed planning may result in higher sentences.
• Duration and Persistence: The duration of the conspiracy and the level of persistence in carrying out fraudulent activities are considered. Prolonged or repeated fraudulent conduct may lead to increased culpability and a more severe sentence.
• Role and Position of the Offender: The role and level of responsibility of each individual within the conspiracy are examined. Leaders, organisers, or those in positions of trust or authority may receive harsher sentences compared to minor participants or those acting under duress.
• Impact on Victims and Community: The impact of the conspiracy on victims, businesses, and the wider community is taken into account. Sentencing aims to reflect the harm caused, including financial losses, emotional distress, and damage to trust and confidence.
• Previous Convictions: The offender’s criminal history, including any previous convictions for similar offences or other relevant criminal conduct, is considered. Previous offending behaviour may aggravate the sentence.
• Cooperation with Authorities: Cooperation with the police and other law enforcement authorities, such as providing information or assisting in the investigation or prosecution of other conspirators, may be viewed positively and result in a reduced sentence.
• Remorse and Mitigation: Genuine remorse, acceptance of responsibility, and efforts to make amends or mitigate the harm caused may be taken into consideration as mitigating factors.
• Personal Circumstances: The offender’s personal circumstances, such as age, mental health, dependence on others, or any other relevant factors affecting culpability or the likelihood of rehabilitation, are considered.

These factors are not exhaustive, and the sentencing judge retains discretion to consider any other relevant circumstances specific to the case. The aim of sentencing is to achieve justice by imposing a fair and proportionate punishment that reflects the seriousness of the offence and the individual circumstances of the offender.

How can a solicitor help with reducing the sentence for conspiracy to defraud?

Engaging a solicitor for assistance with reducing the sentence for conspiracy to defraud can be instrumental in navigating the complexities of the legal process and advocating for the best possible outcome. Solicitors bring expertise in criminal law and procedure, as well as experience in representing clients facing similar charges. Here’s how a solicitor can help, why you should consider getting one, what to look for in a solicitor, and what to expect during your initial meeting:

How can a solicitor help?

• Legal Expertise: Solicitors possess in-depth knowledge of criminal law, including sentencing principles and mitigation strategies specific to conspiracy to defraud. They can provide invaluable guidance on the legal aspects of your case.
• Case Assessment: A solicitor will assess the strengths and weaknesses of your case, identifying potential defences and mitigating factors that could reduce your sentence or lead to a favourable outcome.
• Negotiation and Representation: Solicitors negotiate with prosecutors on your behalf to secure the most favourable plea bargain or sentencing recommendation. They also provide skilled representation in court, advocating for leniency and presenting compelling arguments for mitigation.
• Procedural Guidance: Navigating the legal process can be daunting, especially for those unfamiliar with the intricacies of the criminal justice system. A solicitor provides step-by-step guidance, ensuring that you understand your rights and obligations at each stage of the proceedings.

Choose a solicitor based on these key factors:

• Experience and Specialisation: Look for a solicitor with extensive experience in criminal law, particularly in handling cases related to fraud and conspiracy offences.
• Track Record: Research the solicitor’s track record of successful outcomes in similar cases. Positive testimonials or reviews from past clients can provide insight into their effectiveness.
• Communication Skills: Effective communication is essential. Choose a solicitor who listens attentively to your concerns, explains legal concepts clearly, and keeps you informed of developments in your case.
• Personal Compatibility: Building a strong rapport with your solicitor is important. Choose someone with whom you feel comfortable discussing sensitive matters and entrusting your case.

Here’s what you can expect in your first meeting:

• Case Evaluation: During the initial meeting, the solicitor will conduct a thorough review of your case, including the charges against you, any evidence available, and your personal circumstances.
• Strategy Development: Based on the assessment of your case, the solicitor will outline a strategic approach to achieving the best possible outcome, which may involve negotiating with prosecutors, preparing mitigation evidence, or advocating for alternatives to custody.
• Fee Structure: The solicitor will discuss their fee structure, including costs and payment arrangements, ensuring transparency and clarity regarding the financial aspect of legal representation.

Consulting with a solicitor early in the process can significantly enhance your prospects of securing a favourable outcome in your conspiracy to defraud case, providing expert guidance, advocacy, and support every step of the way.

Where to get further help

Worries about the potential sentence for conspiracy to defraud can be overwhelming, and you likely have numerous pressing questions. For further assistance and advice regarding sentencing and other aspects concerning the offence of conspiracy to defraud, reach out to the team at Stuart Miller Solicitors without delay.

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14:13 14 Aug 24

When you have to look for a solicitor it’s usually because you’ve found yourself in less than pleasant circumstances. That was absolutely the case for me when I reached out to Stuart Miller Solicitors.I was dealing with a matter that had transpired over two years ago and was receiving repetitive communications and misdirections from police. However, that all ended when I was represented by Stuart Miller Solicitors.They were so helpful at every stage, but especially Scarlett Rowe, who simply was exceptional.Scarlett went above and beyond what I sense my case even required. She submitted disclosures and communications to CPS in a manner and at junctures where it would be most impactful and therefore critical to a good outcome. And that’s exactly what I got—nothing short of a good outcome.

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10:49 05 Aug 24

Firstly I would like to say thank you to everyone who was involved in my case here at Stuart miller solicitors, especially Mr Zeb And Nick James both have put in the hard work and efforts to try and give the best results in my case and quite frankly I was happy with the results.Mr Zeb was my real hero very caring and helpful throughout the case making sure I was not let down and stressed I would most definitely be using Stuart miller solicitors for my future casesThanks a million

Adam Jimenez

17:21 25 Jul 24

I’d like to thank the team and especially Anna Sidgwick, on securing the acquittal for my son at Isleworth Crown Court.In what was a traumatic and emotional experience Anna was always on hand to support us.Effectively bridging the gap with our son who was in custody.Her diligence and commitment allowed what was a troubled experience, bearable.Very professional and diligent.Much appreciated.

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16:59 11 Jul 24

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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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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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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

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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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23:16 24 Apr 24

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20:24 06 Mar 24

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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!

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10:14 16 Feb 24

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

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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.

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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.

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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.

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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.

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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

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13:03 16 Jan 24

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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 .

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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.

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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

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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.

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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.

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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.

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21:28 18 Nov 23

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

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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.

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14:50 14 Nov 23

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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.

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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.

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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. ❤️

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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

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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 Lambo

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.

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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

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14:13 04 Oct 23

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12:42 04 Oct 23

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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

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XSimplyChxrryX

13:04 21 Sep 23

They saved my lifeMy businessMy worldThank youTEAM STUART MILLER

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12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

Aisha Bibi

14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

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22:48 11 Aug 23

Gave some advice about the situation told me what to expect and if I need to instruct they will be happy to help

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14:30 09 Aug 23

My husband an I are extremely grateful for Abu Kibla and his amazing support representing my husband under such time consuming circumstances. He was very helpful and made us feel at ease right away.We left pleasantly satisfied and would definitely recommend Abu Kibla to anyone needing representation.Thank you

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11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

Fantastic firm excellent lawyersBrilliant advocates overall THE GO TO FIRM

Taj Uddin

13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

Nathan Hallway

12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

maruf kocabay

10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

Bill

13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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