Blog


14th Dec 2020Blog

Ivey and legal certainty in rate-rigging prosecutions

In Bermingham & Anor[1], the Court of Appeal (Fulford LJ V-P, Cutts J and Sir Nicholas Blake) refused to overturn the convictions of two former Barclays PLC traders for conspiring to manipulate the ‘Euribor’ (Euro Interbank Offered Rate).  Amongst other things, the court considered whether the change from the Ghosh test (applicable at the time […]

1st Dec 2020Blog

Paul Renteurs considers whether new US anti-doping legislation is likely to lead to similar measures in the UK or elsewhere.

Awaiting its final sign-off from the President of the United States, the Rodchenkov Anti-Doping Act 2019 represents a step-change in anti-doping enforcement at an international level. But given the controversy surrounding the new US legislation, does emulation in other jurisdictions, including the UK, remain unlikely? Section 4 of the new federal legislation[1], which completed its […]

23rd Nov 2020Blog

DPA Update: Airline Services Limited

In a judgement handed down at Southwark Crown Court on 30 October 2020, May J approved the terms of a Deferred Prosecution Agreement (“DPA”) made between the Director of the Serious Fraud Office (“SFO”) and Airline Services Limited (“ASL”).[1] This is the third DPA this year, following the approval of DPAs with Airbus in January[2] […]

16th Nov 2020Blog

The Risks of Social Media in Sport

Since the advent of social media, the list of those who have fallen from grace through ill-advised and, at times, offensive public comment is long and distinguished. Nowhere is this risk more obvious than in the sporting context, where a combination of youth, self-belief and hubris provides a heady mix. Sport at all levels encourages […]

9th Nov 2020Blog

POCA: A new future for the defendant’s “benefit”

Introduction The introductory text to the Proceeds of Crime Act 2002 places the defendant’s benefit at the heart of the confiscation regime.  The Act was established “to provide for confiscation orders in relation to persons who benefit from criminal conduct”.[1]  But what is meant by the defendant’s “benefit” has been neither uncontroversial nor constant. When, […]