Articles


18th Nov 2020Articles

Gavin Irwin reviews the recent surge in enforcement activity at the Financial Conduct Authority

After Konstantin Vishnyak’s acquittal at Southwark Crown Court, on 28 September 2020, for destroying communications information, the FCA has recently signalled a renewed intensity in investigations and enforcement action in relation to: (1) unregulated collective investment schemes; (2) market abuse; and, (3) non-financial misconduct. Collective Investment Schemes There are many types of collective investment scheme […]

14th Oct 2020Articles

2 Hare Court Private Prosecution Newsflash

Justice Select Committee Report Published – Safeguards in Private Prosecutions Gavin Irwin explores the report’s key recommendations On 7 July 2020, Alison Levitt QC gave evidence before the Justice Select Committee, on behalf of the Private Prosecutors’ Association, on safeguards in private prosecutions[1].  Separately, the 2 Hare Court Private Prosecutions’ Group made written representations to […]

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 […]

27th Feb 2020Articles

The importance of giving reasons

R. (on the application of Lewis) v Senior Coroner for North West Kent [2020] 2 WLUK 180 This recent judicial review highlights the importance of a coroner providing reasons when a particular conclusion is not left to the jury. The deceased suffered from paranoid schizophrenia and was placed under psychiatric care. From 2016 she began […]