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 […]
On 24 March 2018, the Australian cricketer Cameron Bancroft was caught on camera doctoring a cricket ball with sandpaper to obtain an unfair competitive advantage during his side’s third test match against South Africa. It quickly emerged that the Australian captain, Steve Smith, knew about the ball-tampering and had condoned it. Moreover, the Australian vice-captain, […]
On 17 October this year the Sentencing Council published both a consultation and new draft guidelines for the sentencing of terrorism offences. The draft comes just over 18 months after the Lord Chief Justice provided detailed guidance for offences under s. 5 of the Terrorism Act 2006 (preparation for terrorist acts) in R v Kahar […]
The High Court and Court of Appeal have recently tackled the proper limits of the ‘fraud exception’ in the summary judgment procedure. Three cases in just over a year have established a working compromise, but may in the end have generated more heat than light. This article seeks to review the fraud exception in view […]
A distinction must be drawn between a doctor’s management, as opposed to clinical, decisions When can the GMC reasonably refuse to investigate a complaint? And how strict is the distinction between managerial and clinical decisions when it comes to questions of professional misconduct? The recent decision in R(on the application of Sheila Adam) v the […]
30th May 2019 Read more
30th May 2019 Read more