ArticleSentencing Council Controversy: Introduction Of A Two-tier Regime?Updated guidelines, coming into force on 1 April 2025, have been published by the Sentencing Council.United KingdomCriminal LawBCL Solicitors LLP
ArticleThe Fraud Files: Decoding The Economic Crime Act EP4: Focus On The Financial Sector – APP FraudIn the first of our "crossover" episodes, Susannah Cogman is joined by Jenny Stainsby from HSF's Financial Services Regulatory team to look at the financial sector's current...United KingdomCriminal LawHerbert Smith Freehills Kramer LLP
ArticleThe Law's Response To The Link Between Terrorist Financing And Criminal ActivityThe presence of former criminals in terrorist groups is not new, but since the rise of ISIS and the increasing number of European jihadists, the link between ex-offenders and terrorism has become better recognised.United KingdomCriminal LawCorker Binning
ArticleThis Is How Retailers Can Manage Violence And Theft Risk NowThe retail industry faces an escalating dual challenge: a surge in violent incidents and the persistent issue of theft. These intertwined threats , demand innovative strategies to protect your employees...United KingdomCriminal LawWTW
ArticleTime To Cotton On: Managing Supply Chain RisksPotential criminal activity in international supply chains can create reputational, civil, and criminal risks. This can be particularly difficult to manage when there are many links...United KingdomCriminal LawCooley LLP
ArticleWhen Staying In Doesn't Mean Staying Safe – Domestic Abuse During LockdownRecent statistics show that the number of domestic abuse killings have been far higher than average since the Covid-19 lockdown restrictions were imposed. United KingdomCriminal LawWithers LLP
ArticleNon-Recent Abuse: Limitation, Vicarious Liability And Standard Of Care Defences SucceedA recent decision of the High Court in England has provided a stark illustration of the difficult and complex questions which can arise in cases of non-recent abuse. United KingdomEmployment and HRClyde & Co
ArticleLessons On Effective Financial Crime Controls: The Starling Bank ExampleThe recent £29 million fine imposed by the Financial Conduct Authority (FCA) on Starling Bank highlights the critical need for financial institutions, including fintech and neobanks, to implement rigorous sanctions compliance controls. Starling's lapse—only partially screening sanctioned individuals and entities—prompted a severe penalty and underscores the FCA's commitment to enforcing financial crime standards. Key steps for maintaining compliance include aligning controls with business risk pUnited KingdomFinance and BankingK&L Gates
ArticleA Green Light For Business? The Rescheduling Of Cannabis-Derived Medicinal Products And The UK's Anti-Money Laundering RegimeIn July 2018, Home Secretary, Sajid Javid, announced that certain cannabis-derived medicinal products would be rescheduled under the Misuse of Drugs Regulations 2001 (‘the MDA Regulations').United KingdomFood, Drugs, Healthcare, Life SciencesBCL Solicitors LLP
ArticleFailure To Disclose – New CPS Guidance Is A Serious Risk For LawyersSolicitors and law firms need be aware of recent CPS prosecution guidance update. It has potentially extended the reach of the ‘failure to disclose' money laundering offence. United KingdomGovernment, Public SectorJonathon Bray
ArticleLaw Commission Publishes Recommendations On The UK's Suspicious Activity Reporting RegimeOn 18 June 2019, the Law Commission of England and Wales published the long-awaited report on its review into the AML regime in the UK and, in particular, the operation of the SARs regime (the "Report"). United KingdomGovernment, Public SectorKirkland & Ellis International LLP
ArticleWhat Are The 'Good Character' Requirements For UK Naturalisation?Since 31 July 2023, UK citizenship applicants with criminal convictions face a nuanced assessment. The Home Office evaluates criminal history, financial stability, and character, requiring a holistic review. For detailed guidance on eligibility, including recent changes, seek legal advice.United KingdomImmigrationLatitude Law
ArticleAbuse Victims Spared Trauma Of Being Quizzed By Alleged AbusersWhen a party to family proceedings alleges that the other party has subjected them to domestic abuse the court will want to investigate the allegations, to ascertain the truth.United KingdomLitigation, Mediation & ArbitrationIan Walker Family Law and Mediation Solicitors
ArticleCrime Doesn't Pay – Criminal Enterprise And NegligenceHow should the law treat a claim in which the claimants are part of criminal enterprise, but in which the negligence of the defendant also played a part? United KingdomLitigation, Mediation & ArbitrationClyde & Co
ArticleLegal And Ethical Questions In The Chris Kaba Shooting Case (23 October 2024)The article examines the implications of the Chris Kaba shooting case, highlighting the balance between police accountability and the protection of officers' identities, while emphasizing the importance of transparency and public trust in the legal process.United KingdomLitigation, Mediation & ArbitrationDuncan Lewis Solicitors
ArticleLondon Litigation Letter: Limited Powers Of Recovery - UK Supreme Court Limits The Extra-Territorial Powers Of The Serious Organised Crime AgencyIn a recent case, Perry and others v the Serious Organised Crime Agency [2012] UKSC, the UK Supreme Court has curtailed the efforts of the Serious Organised Crime Agency (SOCA) to freeze the foreign assets of a fraudster who had been convicted abroad. United KingdomLitigation, Mediation & ArbitrationMacfarlanes LLP
ArticlePrivilege In The Context Of Parallel ProceedingsThe High Court has recently considered the threshold for retaining confidentiality in respect of privileged documents in the case of SL Claimants v Tesco plc; MLB Claimants v Tesco plc [2019]...United KingdomLitigation, Mediation & ArbitrationClyde & Co
ArticleGo Straight To Jail - Do Not Pass Go! Life Sentences Proposed For Dangerous DriversSo said Justice Minister Sam Gyimah as part of a consultation which would put penalties for the some of the most serious road traffic offences on the same level as manslaughter.United KingdomTransportClyde & Co
ArticleUK-US Bilateral Data Sharing Agreement: What Companies Need To KnowThe fourth quarter of 2020 appears likely to bring into operation the UK-US Bilateral Data Sharing Agreement agreed in October 2019 between Home Secretary Priti Patel and...GlobalPrivacyBCL Solicitors LLP
ArticleData Sharing Under ECCTA: A Potentially Powerful But Underused Tool In The Fight Against Economic CrimeTo give regulated firms the confidence and ability to share information, the provisions disapply both obligations of confidentiality and civil liability when a firm uses the new information sharing gateways. In practical terms, this means that a regulated firm sharing customer information with another regulated firm under these provisions would have a defence to a breach of confidence claim or other civil action from the customer concerned.United KingdomCriminal LawMacfarlanes LLP