Training & Knowledge: Business Crime & Financial Services

24th Feb 2023Articles

Offences under the Companies Act 2006: reversing the burden of proof

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 […]

22nd Feb 2023Blog

OILING THE WHEELS

Angus Bunyan, who acted for Nigeria in its application for compensation from Glencore, reviews the judgment. As readers will doubtless be aware, last November the UK subsidiary of the international mining and commodities giant Glencore was in the headlines for all the wrong reasons. Having pleaded guilty to seven counts of bribery under sections 1 […]

31st Jan 2023Blog

Defending contempt cases in the High Court – the overriding need for fairness

High Court contempt proceedings have always held a unique and somewhat uncomfortable position in the judicial system. Whilst civil in nature and governed by Part 81 of the Civil Procedure Rules, they are nonetheless quasi-criminal in substance.  This is illustrated by the availability of custodial sentences if the contempt is found proved and by other […]

22nd Jul 2022Blog

Dysfunctional disclosure at the SFO

Disclosure failings lie at the heart of the criticism levelled at the SFO by Sir David Calvert-Smith in his independent review into the SFO’s handling of the Unaoil case. The review was commissioned after the Court of Appeal quashed the convictions of Ziad Akle and Paul Bond due to the SFO’s improper conduct in engaging […]

7th Jun 2022Blog

Guidance for the Accountancy Sector | Anti-Money Laundering

On 17 May 2022 the Consultative Committee of Accountancy Bodies (CCAB) published the final version of their anti-money laundering and counter-terrorist financing Guidance following its approval by HM Treasury. This note seeks to explain who is subject to the Guidance, and what it means for businesses. The Guidance is the result of the amendment of […]