Training & Knowledge: Christopher Coltart QC

24th Oct 2018Articles

No More ‘Manna Found on the Desert Floor’ for Insiders: The s. 271(3) Defence Revisited

In SFC v. Yiu Hoi Ying Charles, Wong Nam Marian and the Market Misconduct Tribunal [2018] HKCFA 44, the Final Court of Appeal has issued a broadside against the wide application of the ‘no-profit’ defence in insider trading cases. The defence has now been explicitly narrowed: an offence will be committed where shares are traded […]

14th Sep 2018Newsletters

Disclosure In Private Prosecutions

Disclosure responsibilities There are two areas of responsibility: the responsibility to record and retain prosecution material and the responsibility to review and disclose prosecution material. “Prosecution material” is defined in section 3(2) of the Criminal Procedure and Investigations Act 1996 [‘CPIA’] as material: (a) which is in the prosecutor’s possession, and came into his possession […]

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