In a resounding defeat for the Serious Fraud Office the President of the Queen’s Bench Division, Sir Brian Leveson, has re-asserted orthodoxy in allowing ENRC’s appeal against the judgment of Andrews J in the High Court. The facts of the case will be well known to most readers. The Serious Fraud Office had sought a […]
Martin Hicks QC represented Dr Olivier Reymond who was alleged to have fraudulently abused his position as a doctor by procuring payments of £110k from dementia sufferer Armande Cohen, who won the Croix de Guerre in the 2nd World War and was awarded the Legion d’honneur in 2008. At the close of the prosecution case […]
The Sentencing Council has today published the Definitive Guideline for Breach Offences which includes, for the first time, a guideline for sentencing in cases where disqualified directors have acted in breach of their disqualification. The Guideline arrives following a long period of consideration post consultation. The consultation opened in October 2016 and closed as long […]
Lurking within the Companies Act 2006 are a number of strict liability offences, which are coupled with ‘reverse burden’ statutory defences (ie. those which require a director to prove the defence in question). In the event of prosecutions under these provisions, there are two interesting questions for defence practitioners to consider, namely (a) the extent […]
Gavin Irwin attended the Export Licensing Symposium, organised by the Department for International Trade, in Westminster, on Tuesday 8th May 2018. The Office of Financial Sanctions Implementation (‘OFSI’) indicated that they will soon publish guidance “relevant to those involved in importing and exporting, especially those operating in areas where financial sanctions are in force”. The […]