Training & Knowledge: October 2018

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 […]

17th Oct 2018Newsletters

Extraterritorial Reach of Section 2 Notices

Whilst the attention of practitioners in white-collar crime has for obvious reasons been predominately focused on the significant impact of the decision in ENRC, the important decision of the High Court in The Queen (On the application of KBR Inc) v The Director of the Serious Fraud Office[2018] EWHC 2368 (Admin) may have escaped attention. […]

17th Oct 2018Newsletters

Transparency and Overseas Ownership of UK Property The Draft Registration of Overseas Entities Bill

The drive to enhance and improve transparency in the beneficial ownership of corporate entities generally began in earnest in March 2016 with the publication of a discussion paper to explore whether the Government should legislate to create a beneficial ownership register of overseas companies that own UK property or participate in government procurement. The result […]

17th Oct 2018Newsletters

Raychaudhuri v GMC: Ivey rules?

The recent case of Raychaudhuri v GMC, [2018] EWCA Civ 2027 will be of interest to practitioners in a range of fields not least those working in the area of professional discipline for whom the decision of the regulator in appealing the finding of the tribunal at first instance was met with the following rebuke […]

17th Oct 2018Newsletters

Challenge To First Unexplained Wealth Order Fails In High Court

National Crime Agency v Mrs A [2018] EWHC 2534 (Admin) 3rd October 2018 Supperstone J Even given the prices it charges, running up a £16 million bill in Harrods over ten years takes some doing. But when it’s done by a woman who does not claim to have independent wealth of her own, and who […]