News & Events
News & Events
Stephen Doherty explores some recent cases involving “Quincecare Duty”, which has existed for over thirty years, and what these new precedents mean for modern banking fraud cases. “Quincecare Duty” was established in Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363, and tells us that a bank or financial institution may be liable for processing a fraudulent transaction if the bank has reasonable grounds for believing that there has been an attempt to defraud its customer. Remarkably, it was not until the Supreme Court handed down judgment in 2019, in Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50, that a claimant had successfully argued…
Business Crime, Legal Blog & Publications, Commercial, Financial Services 8 Apr, 2022
Michael Bowes QC was recently invited to speak as a ‘thought leader’ on economic crime for RUSI, a major UK think tank. The Royal United Services Institute for Defence and Security Studies (RUSI) is a major British defence and security think tank. They have launched an Economic Crime Plan Thought Leadership Series and in the fourth of this series, Michael argues that many of the right laws and structures are in place to enforce economic crime law, but that more needs to be done to put these into practice effectively. Michael’s thoughts on the UK’s Economic Crime Plan Michael recommended more investment in specialist resources, a refocus on swifter prosecutions, more effective use of civil asset recovery and greater use of…
Business Crime, Business Crime, News 5 Nov, 2021
Watch a recent webinar by the pensions team and business crime team at Outer Temple Chambers, discussing a business crime lawyer’s perspective on the Pension Schemes Act 2021. Outer Temple Chambers hosted a well received talk on 16th July 2021, focusing on criminal proceedings arising out of the Pension Schemes Act 2021. Two of our finest pensions barristers, Andrew Spink QC and David E. Grant, joined two of our renowned business crime barristers, Michael Bowes QC and Oliver Powell, to examine how and when a regulatory matter may become a criminal matter and, if it looks like it might do so, how to respond, prepare and advise your clients. The Topics Andrew Spink QC: Welcome and introductionDavid E Grant: Civil…
Business Crime Webinars, Business Crime, Pensions Webinars, Webinars & Vlogs, Pensions 28 Jul, 2021
You are invited to join Outer Temple Chambers to discuss a business crime lawyer’s perspective on the Pension Schemes Act 2021. Outer Temple Chambers is delighted to host a talk focusing on criminal proceedings arising out of the Pension Schemes Act 2021. Our specialist pensions barristers will join our renowned business crime barristers to examine how and when a regulatory matter may become a criminal matter and, if it looks like it might do so, how to respond, prepare and advise your clients. After short presentations by our panel, there will be the opportunity to ask questions. Agenda Andrew Spink QC: Welcome and introductionDavid E Grant: Civil versions of criminal offences; the interaction between the target and the regulatorMichael Bowes…
Business Crime, Events, Pensions 6 Jul, 2021
Fiona Horlick QC and Jeremy Scott-Joynt contributed to Issue 7 of the Public Sector Counter Fraud Journal with their article titled “What we tell ourselves: how stories can encourage bribery – and prevent it?” Fiona and Jeremy consider the Bribery Act and the proper test of what’s improper or not according to Sections 4 and 5 of the Bribery Act. The article analyses how the types of conduct under examination could breach a “relevant expectation” about how the duty in question should be performed; and the definition of “what a reasonable person in the UK would expect in relation to the performance of the type of function or activity concerned”. This issue also contains articles from the Centre for the…
Business Crime, Legal Blog & Publications 8 Feb, 2021
Fiona Horlick QC is the co-editor and major contributing author of Lissack and Horlick on Bribery and Corruption. Fiona provides her concluding remarks on the serialisation of the chapters that members have published each week for the publication of the Third Edition. We asked Fiona for her thoughts on the Third Edition of Lissack and Horlick on Bribery and Corruption. Fion commented: “In 2010 Richard Lissack QC and I were asked by LexisNexis to produce a book on the Bribery Act 2010 which would be coming into force in 2011. I devised a chapter plan in conjunction with Richard and Lexis Nexis and chose the authors based on the range of talent at Outer Temple coupled with expert input from…
Business Crime, Legal Blog & Publications, News 16 Dec, 2020
Dr Ali Almihdar authored chapter 31 of Lissack & Horlick on Bribery and Corruption. Ali’s new chapter focuses on the scale of corruption in the Middle East and the major challenges it presents. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. This Chapter is designed to provide a survey of one of the most lamentable traits in human behaviour. The geographical area that it is meant to cover is what is the Middle East and more specifically the Gulf Cooperation Council States. Its temporal span starts from before the advent of the religion of Islam in the Arabian peninsula to today’s…
Business Crime, Legal Blog & Publications, News 9 Dec, 2020
John McKendrick QC authored chapter 24 of Lissack & Horlick on Bribery and Corruption. John’s new chapter focuses on the scale of corruption in Latin America and the Caribbean and the major challenges it presents. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. The scale of corruption, and the major challenge it presents to all aspects of Latin American and Caribbean society, have increasingly moved to a dominant, indeed, overwhelming centre stage in public discourse in recent years. Latin America An incessant number of scandals have emerged. The largest has been the “Car Wash” scandal (“Lava Jato”) which began in Brazil…
Business Crime, Legal Blog & Publications, News 2 Dec, 2020
Alex Haines authored chapter 20 of Lissack & Horlick on Bribery and Corruption. Alex’s new chapter focuses on the Sanctions Regimes of Multilateral Development Banks. As part of a serialisation of chapters that members of Outer Temple contributed to in this latest edition, the authors have been summarising their chapters every week. Introduction In Summer 2020, it was announced that USD $250 billion would be deployed over the next 18 months in spare lending capacity by Multilateral Development Banks (MDBs) following the continued effects of the COVID-19 pandemic. The nature of MDB financing makes MDBs vulnerable to a range of corruption risks from an array of different agents. Increased activity from the MDBs’ increasingly sophisticated and well-resourced investigatory offices…
Business Crime, Legal Blog & Publications, News 25 Nov, 2020
Fiona Horlick QC, as co-editor and major contributing author of Lissack and Horlick on Bribery and Corruption, authored chapter 4, 7 and 14 of the third edition. Fiona provides a definitive guide to bribes, NGOs in the bribery and corruption arena and analysis of the prosecution authorities in the UK. In Chapter 4, a definitive guide to ‘When is a benefit a bribe’, Fiona has looked at what is a ‘financial or other advantage’ in the Bribery Act 2010 offences. In essence, a ‘bribe’ is a financial or other advantage used to induce or reward the improper performance of a function or activity. However, it is evident that not every payment or benefit will fall into the definition of a…
Business Crime, Legal Blog & Publications, News 18 Nov, 2020
Louis Weston co-authors Chapter 13 of Lissack and Horlick on Bribery and Corruption with specialists at Charles Russell Speechlys to set out the extent and forms of corruption in sport and the relevant legislative and common law powers, and civil and regulatory powers to tackle it. Louis Weston collaborated with Charles Russell Speechlys LLP’s Danielle Sharkey and Caroline Greenwell to focus on corruption in sport in Chapter 13. The commercialisation of sport and the massive influx of income and commercial opportunity that have grown alongside that commercialisation have led to a mirrored growth in corruption in sport in all forms and at all levels. The awards of games, tournaments and competitions are beset by corrupt payments and bribes with notorious examples in FIFA…
Business Crime, Legal Blog & Publications, News 11 Nov, 2020
Nick Johnson QC and James Arnold authored the twelfth chapter of Lissack and Horlick on Bribery and Corruption. This chapter summary looks at employment and whistleblowing. What are the practical implications of the Bribery Act 2010 in the workplace? What duties are owed by an employee to their employer in relation to bribery and corruption, and how does an employee report such conduct at work without fear of reprisal? Chapter 12 of Lissack and Horlick on Bribery and Corruption addresses and explains fundamental concepts about the relationship between employee and employer through the prism of anti-bribery practice in the workplace: Section 1 deals with the terms and duties implied into an employee’s contract of employment not to commit acts of…
Business Crime, Business Crime, Legal Blog & Publications, News 4 Nov, 2020
