16th Apr 2024Blog
Lurking within the Companies Act 2006 are numerous strict liability offences, which are coupled with ‘reverse burden’ statutory defences (ie. those which require the defendant (usually a company director) to prove the defence in question). In the event of prosecution under these provisions, there are two interesting questions for defence practitioners to consider, namely (a) […]
5th Dec 2023Newsletters
In relation to disciplinary proceedings brought against accountants and actuaries, the FRC has introduced a new policy on the disclosure of ‘unused material’ (ie material gathered during the course of an investigation upon which the FRC does not rely). This replaces the old policy which had been in force since 2013. The changes bring with […]
3rd Aug 2023News
As the Economic Crime and Corporate Transparency Bill moves through Parliament, Christopher Coltart KC and Seladore Legal’s Dan Hudson have together analysed its implications for victims of economic crime. As the Economic Crime and Corporate Transparency Bill awaits final amendments prior to Royal Assent after the summer recess, thoughts now turn to the practical impact that the […]
28th Mar 2023Blog
Before applying for a summons, every private prosecutor needs a checklist to ensure compliance with the required formalities. Chief amongst these considerations will be the securing of any necessary consent to the prosecution, for example from the Attorney General or the Director of Public Prosecutions. It might be thought that this was an unmissable step […]
24th Feb 2023Articles
The Companies Act 2006 creates a number of criminal offences. Some of these are subject to so-called ‘reverse burden’ provisions, whereby the defendant (usually a company director) is guilty unless he or she can prove a specific fact in their defence (eg. that they took all reasonable steps to avoid committing the offence). The lawfulness […]
