Training & Knowledge: Business Crime & Financial Services

23rd Jun 2020Articles

HBOS: The final chapter?

HBOS: The final chapter? Introduction Back in late February, a hearing at the Court of Appeal finally brought to a close the decade-long saga of the HBOS corruption case (‘Operation Hornet’, David Mills and others, see https://www.theguardian.com/business/2017/feb/02/hbos-manager-and-other-city-financiers-jailed-over-245m-loans-scam). The Court’s recently published judgment ([2020] EWCA Crim 369) covers two areas of significance.   Secondary liability under […]

14th Feb 2020Newsletters

Why has there been a decline in fraud prosecutions?

(In) Action Fraud   Why has there been a decline in fraud prosecutions? Just last week the Director of the Serious Fraud Office slammed the “antiquated” fraud laws which prevent the SFO from effectively prosecuting fraud allegations. The SFO have repeatedly struggled to achieve success in fraud prosecutions. This coupled with the findings of the […]

14th Feb 2020Newsletters

The Court of Appeal upholds the first Unexplained Wealth Order

The first Unexplained Wealth Order (“UWO”) was upheld by the Court of Appeal in the case of Hajiyeva v NCA [2020] EWCA Civ 108. Haddon-Cave LJ granted permission to appeal the substantive Order on the basis that it would be beneficial to have guidance on the scope of the relevant statutory powers. The appeal was […]

14th Feb 2020Newsletters

I’m frozen! The rise of the Magistrates’ Court freezing order

Having had a slow uptake by Public Authorities, in the last six months account freezing orders (“AFO”) have started to come in thick and fast. The main culprits for this rise; HMRC, the SFO and NCA of course. Legislative Introduction The much-feared Criminal Finances Act 2017 amended the Proceeds of Crime Act 2002 (“POCA”) to […]

14th Feb 2020Newsletters

Significant Judgment on Legal Advice Privilege Delivered by Court of Appeal in Civil Aviation Authority v R (on the application of Jet2.com Ltd) [2020] EWCA Civ 35

In Civil Aviation Authority v R (on the application of Jet2.com Ltd) [2020] EWCA Civ 35, the Court of Appeal examined the scope of legal advice privilege “LAP”. The judgment, published on 28 January 2020, provides important clarification on the application of LAP and is essential reading for companies relying on the advice of in-house […]

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