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Business Crime

Alex Haines & Sophie O’Sullivan instructed to act for senior international civil servant at the African Union Commission

Alex Haines and Sophie O’Sullivan have recently been instructed to act for a senior international civil servant at the African Union Commission (AUC) in relation to a number of ongoing matters, including disciplinary proceedings involving serious allegations of multi-million pound misappropriation of African Union (AU) funds and false accounting. Barristers in Outer Temple Chambers’ International Team are frequently instructed in cases involving international organisations whose disciplinary and regulatory frameworks are often little known about. International Organisations are established by treaty and possess their own international legal personalities. They also enjoy immunity from suit and – through the application of inter alia international human rights law – most have set up internal justice systems that deal with institutional matters. The African Union The AU is a…

Business Crime, News 22 Jun, 2021

OTC’s Business Crime and Regulation Team instructed in one of the first UK Sanctions Framework cases

Alex Haines and Sophie O’Sullivan have been instructed by a US-based law firm to represent an Eastern European engineering firm in relation to its sanctions designation under UK legislation and regulation. This is one of the first sanctions challenges to operate within the UK’s new and autonomous statutory framework. From 1st January 2021, the UK was no longer required to implement EU sanctions and the new UK sanctions legislation officially came into force under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA). SAMLA provides the UK with a domestic statutory framework of powers, which enable it to continue to meet its international obligations under the UN Charter to implement UN sanctions law directly in the UK. Put simply, SAMLA fills…

Business Crime, News 21 Apr, 2021

Robert Rhodes QC appointed to Panel of Mediators of APCAM

We are delighted to announce that Robert Rhodes QC has been appointed to the Panel of Mediators of the Asia Pacific Centre for Arbitration & Mediation Centres (APCAM). Asia Pacific Centre for Arbitration & Mediation Centres (APCAM) is an international ADR centre formed jointly by about ten arbitration and mediation centres from the Asia-Pacific countries. They cover alternative dispute resolution in the following countries: India Australia Hong Kong Malaysia Indonesia Thailand Nepal Robert was appointed to APCAM’s panel of neutrals in January 2021 which offers a number of experienced arbitrators and mediators from across the globe. You can view Robert’s APCAM profile here. Robert is noted for his conciliatory approach to conflict and is already on the panels of mediators of…

Business Crime, News 28 Jan, 2021

Nick Johnson QC and Sophie O’Sullivan appointed to the SFO Panel

Outer Temple is pleased to announce that Nick Johnson QC and Sophie O’Sullivan have been appointed to the Serious Fraud Office’s Panels of Counsel. Nick Johnson QC has been appointed to the SFO QC Prosecution Panel and Sophie O’Sullivan to the Proceeds of Crime B Panel of Counsel. The appointments are effective from 31 December for four years. The appointment flows from Nick and Sophie’s broad experience of civil and criminal fraud, business crime, asset tracing, financial regulation and injunctive relief cases, and will complement their existing practice in those areas. Find out more Nick Johnson QC specialises in complex financial and business crime disputes, together with cross-over regulatory and civil work. He is ranked as a leading Silk Band 1 for Financial Crime by Chambers & Partners 2021, described…

Business Crime, News 6 Jan, 2021

What are the practical implications of the Bribery Act 2010 in the workplace?

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

The Bribery Act 2010’s four primary categories of offence

Nick Johnson QC, Nick Hill and Sophie O’Sullivan authored the third chapter of Lissack and Horlick on Bribery and Corruption. This chapter summary looks at the four primary categories of offence under the Bribery Act 2010, with reference to recent trials, caselaw, guidance and deferred prosecution agreements. It is part of a serialisation of the chapters that members of Outer Temple contributed to the publication. The Bribery Act 2010 abolished the common law offences and swept away the somewhat outdated nineteenth and twentieth century Prevention of Corruption Acts, to provide clarity to bribery law by putting the offences in a singular, statutory context. Chapter 3 of Lissack and Horlick on Bribery and Corruption answers core and fundamental questions about the composition and scope of…

Business Crime, Business Crime, Legal Blog & Publications, News 21 Oct, 2020

The Bribery Act 2010: how did we get here?

Oliver Powell authored the second chapter of Lissack and Horlick on Bribery and Corruption. The following is a summary of his chapter, giving an overview of UK legislation prior to the Bribery Act 2010. It is part of a serialisation of the chapters that members of Outer Temple contributed to the publication. As a result of piecemeal development over more than 100 years, the legislative framework which preceded the Bribery Act 2010 (‘BA 2010’) was complicated and confusing. The second chapter of Lissack and Horlick on Bribery and Corruption not only provides clarity on the pre-existing law but it also sets out how the Courts have dealt with pre-BA 2010 offences, which is highly significant given that the new offences…

Business Crime, Business Crime, Legal Blog & Publications, News 13 Oct, 2020

Anti-corruption enforcement: The UK’s journey from basket-case to the Bribery Act

Jeremy Scott-Joynt authored the first chapter of Lissack and Horlick on Bribery and Corruption. Jeremy has summarised his chapter on the UK’s history of anti-corruption enforcement as part of a serialisation of the chapters that members of Outer Temple contributed to the publication. Corruption is universal. Human beings striving for advantage have always sought it by suborning the servants of their rivals. No group or nation is immune, and the UK is no exception. Its history is replete with examples, from rotten boroughs and army commissions bought and sold to Rachmanism and parliamentary sleaze. In typical English fashion, though, the enforcement framework confronting what has, at times, been endemic bribery and corruption had until 2010 developed piecemeal, through a tattered…

Business Crime, Business Crime, Legal Blog & Publications, News 7 Oct, 2020

Publication of the Third edition of Lissack and Horlick on Bribery and Corruption

We are delighted to announce that the Third edition of Lissack and Horlick on Bribery and Corruption has been published by LexisNexis Butterworths. The practitioner’s book was edited by Fiona Horlick QC and Richard Lissack QC, and was contributed to by a number of Outer Temple members. In 2010, the UK’s law on bribery changed from a collection of ancient statutes, distorted in some cases by contradictory authority, to a single statute often regarded as one of the most rigorous, and wide-ranging in application, in the world. Since coming into force in 2011, numerous prosecutions were brought on the basis of the Bribery Act as well as five of the eight deferred prosecution agreements reached in the UK to date. It…

Business Crime, Business Crime, Legal Blog & Publications, News 30 Sep, 2020

FCA drops probe into Bank of England ‘audio hack’

Michael Bowes QC advised Encoded Media on the FCA investigation into whether technology was misused by the company. This investigation was recently covered by the Financial Times. Michael Bowes QC advised Encoded Media, a UK technology company, in respect of an FCA investigation into whether technology used by the company to broadcast comments at press conferences given by the then governor of the Bank of England, Mark Carney, was somehow misused because it allegedly allowed some traders to hear the comments up to eight seconds faster than rivals watching on slower television feeds. He was instructed by Andrew Wand of Capstick Dale. Michael Bowes QC advised the company that its broadcasting of information given at a press conference did not…

Business Crime, News 24 Sep, 2020

Webcast Invitation: Navigating your compliance and investigations framework

Outer Temple and EY invite you to a joint webcast: Practical legal and risk considerations when navigating your compliance and investigations framework. Failure to organise your compliance framework and react to internal issues can be disastrous for organisations, resulting in fines, sanctions and reputational damage. During the heat of the COVID-19 crisis, while most organisations adapted at pace and carried on through the pandemic, aspects of their usual compliance processes did go into a level of hibernation. Now is the time to look back at what happened, put right any ‘wrongs’ and use lessons learnt to strengthen your organisations’ business conduct and ethics framework. Where there may have been ‘wrongs’, the decision of any corporate entity to launch an internal…

Covid-19, Business Crime, Business Crime during Covid-19, Events, News 15 Jul, 2020

Cryptoassets; English Freezing and Proprietary Injunctions

If your client is the victim of fraud, and some of the fraudster’s assets are cryptoassets, can you get a freezing or proprietary injunction over them from the English courts? Robert Rhodes QC answers this question in the latest edition of US-China Law Review. The fundamental question is: Are cryptoassets “property”, so as to be capable of being the subject of an injunction? Recently, this has been the subject of various decisions in the UK High Court, culminating in AA v Persons Unknown [2020] EWHC 3556, where Bryan J held that although cryptoassets are neither things in possession nor things in action, they are a third category of “property” which English law recognises, and so they can be the subject…

Business Crime, Legal Blog & Publications, News, Financial Services 13 Jul, 2020

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