04th December 2012

Cartwright King successfully defends client in expense claim case

The firm has successfully defended the head of Broxtowe Borough Council, Councillor Milan Radulovic who was charged with cheating the public revenue in October 2011.

The case related to his claim for incapacity benefit going back to 1997. Having instructed a social security expert, we worked together on proving that the Department of Work and Pensions (DWP) had made an error in the way they calculated the alleged overpayments of £45,000. They had failed to take into account various expenses and allowances which they should have asked Councillor Radulovic about but failed to do so.

Ultimately the DWP accepted they made an official error and allowed a review of the alleged overpayments. In the end they accepted that the figure was nearer £7,000. This figure, and whether it is payable, will be challenged in the civil tribunal. The DWP were persuaded to withdraw their case and a not guilty verdict resulted. HHJ Stokes QC commented that,

“Mr Radulovic leaves the court without any stain on his character.”

“It is important that if anyone faces such allegations they should seek legal advice from the outset, especially if there is an invitation to attend a pace interview.”
said Sundeep Soor, senior associate at Cartwright King.

“It is Imperative that any overpayments alleged by the DWP are scrutinised and an appeal lodged within the right timeframe.”

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@NottsLawSociety Many thanks to Selina Hinchliffe from @brownejacobson for making it such a relaxed and positive session!

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