Doctor working for fraudulent business found Not Guilty of fraudulent trading in Swansea Crown Court. Sean Minihan and Ross Ludlow represented the defendant

Case overview

Sean Minihan, leading Ross Ludlow, represented a Romanian doctor accused of being a party to a business called Doctors on Wheels that the prosecution alleged was carried on for a fraudulent purpose, namely, the dishonest provision of D4 medical forms to the DVLA. He was unanimously acquitted after a 7-week trial at Swansea Crown Court. Sean and Ross were instructed by David Wells at DWK Law.

Background

The Prosecution case was that Dr Mosescu was a party to a fraudulent business that was concerned with conducting medical assessments for drivers applying for a Group 2 driving licence from the DVLA.

Those applying for such a licence to drive HGVs and other large vehicles must obtain a D4 medical form in support of their application, which must be completed by a doctor after a medical examination has taken place.

Doctors on Wheels was established in 2007 with a view to providing these assessments, and the subsequent forms, to applicants in the back of a van.

Dr Mosescu began working for the company in 2014. In 2017, the business model changed. From September of that year, the company hired nurses to conduct the medical assessments, and the Doctors were supposed to supervise these assessments remotely, via a video call. The nurses would then sign off the D4 form using a stamp of the Doctor’s signature.

Prosecution’s case

The Prosecution’s case was that the business model was dishonest on the basis that the form was clear; that it must be completed by a doctor at examination. It was therefore alleged that the provision of D4 forms in this way to applicants, and thereafter the DVLA, was fraudulent, and that the business was carried on for that fraudulent purpose.

Swansea Trading Standards prosecuted Dr Mosescu for an offence of fraudulent trading contrary to s.993 of the Companies Act 2003, alongside the company’s boss, one other doctor who joined in 2018, and 3 nurses. 

Defence and outcome

Dr Mosescu denied that he was acting dishonestly at the time, despite admitting both in interview and in evidence that, looking back with the benefit of hindsight, he accepted that the business processes were dishonest.

The case involved tactical decisions about character evidence, including that adduced by a co-defendant. The trial also involved the discharge of the original jury part way through the prosecution evidence, after which the trial had to begin again with a new jury. 

About the Barristers

Sean Minihan was called to the bar in 1988. He is a specialist defence barrister instructed in serious, complex and often high profile cases.

Ross Ludlow was called to the bar in 2021. He joined Chambers as a tenant in October 2024 following the successful completion of his pupillage. He has built a busy Crown Court practice, earning a strong reputation for client care amongst instructing solicitors across a wide range of criminal matters.

To instruct Sean and Ross, please contact their clerks, Ryan Bartlett or Amie Harris on 020 7404 1881.