Autocracy is wrong in any form. Of course, its blindingly obvious to anyone other than self-serving sychophants that Gaddafi, Sadam Hussain, Bashir Assad, Stalin, Mao, Hitler – and many many more – were bad people.

Of course, in our enfeebled Western Society, there is no similar tyrant. We have nothing even vaguely comparable. There’s no Stasi, no secret police, no Stalin/Mubarek/Sadam etc etc – throat-cutting Mafia employed by the State to suppress dissent.

But, despite our soft Liberal protection of rights, despite our freedoms, there are still people and institutions that can and do abuse their power with all the hallmarks of autocracy.

The image for this post is a number of recent articles telling a brief version of the story of how the Insurance Fraud Bureau (IFB), in conjunction with the City of London Police, and the CPS, prosecuted various lawyers, doctors and insurance intermediaries.

At the same time as this prosecution was underway the IFB threatened solicitors – on 2nd February 2011 I wrote a piece about IFB propaganda.

Quite clearly the IFB thought they had a coup. They’d got a case they could market demonstrating their expertise in detecting how the professionals were as guilty as the villains.

There was one flaw. The IFB don’t understand the insurance industry.

No, I’m not joking. Knowing for certain the IFB has a guaranteed deficit in the sense of humour department, I couldn’t possibly joke, could I? They really don’t understand the industry they exist to protect. Better still, which funds them!

Ok, yes, that’s a joke. I can’t help that! A joke with a little too much truth in it, perhaps.

Not only do the IFB not understand their own industry, they also don’t understand how lawyers work. Nor do they understand the rules and precedents that govern what lawyers do – precedents meaning previous cases, cases when higher courts have considered the issues the IFB think are criminal.

Two further brief points.

You know you’re dealing with people who have autocratic tendencies because when they fail, they tell you they haven’t failed. They tell you what they did was right. They offer no recognition of the damage they’ve caused.

Of course we’re not talking here about torture or physical violence or imprisonment without trial.

In the scale of universal suffering, the prosecution of individuals for fraud, the defamation of a business causing substantial losses, is trivial.

There is no meaningful comparison between the prejudice and misguided intentions of the IFB, and the City of London Police, with respect to BCR (and others), and the recently overthrown tyrants in the Middle East, or other autocratic leaders of nations down the ages.

But, in the end, suffering is private and personal. If the actions of these institutions, especially the missionary IFB, have caused personal suffering and loss, they should pay, and be brought to account for it. With a society obsessed with regulation, this quasi-state body which is not even a quango, should be looked at very closely.

As every lawyer knows, ignorance is no defence.

John Holtom

Article posted on Friday, December, 9th, 2011 at 11:32 am

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