News & Events
News & Events
Oliver Powell will join colleagues from Stewarts and Skadden at the White Collar Crime Forum on 11th May to discuss “Fishing for dirty money – are the latest UK sanctions and economic crime legislation an effective trawler?” Oliver Powell has been invited to join a panel discussion at the 6th White Collar Crime Forum on Wednesday 11th May 2022. The event will be held at K&L Gates, One New Change, London, EC4M 9AF from 4pm. This will be a hybrid event, with the opportunity to join either online or – for the first time since 2019 – face-to-face. This event has been organised by information management experts Open Text. K&L Gates are sponsoring and hosting the event which will consider…
Events 5 May, 2022
Oliver Powell was invited to sit on a panel discussion hosted by Brodies LLP which discussed the Financial Conduct Authority’s criminal investigatory and enforcement powers. Other panellists included: Paul Marshall, Partner Brodies LLP; James Millwards, Senior Associate Brodies LLP; and Lisa Kinroy, Associate Brodies LLP. The session was well attended by a large number of FCA-regulated professionals and businesses. The session examined: the FCA’s current enforcement priorities and strategy;the differences that apply as between Scotland and England;the conduct of an FCA investigation, including its powers to compel attendance at interview and the production of documents; andthe key protective steps financial services professionals and businesses can take in the event that they become the subject of enforcement action by the FCA.…
News 26 Nov, 2021
Oliver Powell, instructed by Andrew Oliver of Andrew Jackson LLP, appeared at York Crown Court in relation to an environmental appeal which had its genesis in regulatory breaches in the fishing sector. Oliver (who was not instructed at first instance) appeared on behalf of the appellant, John MacAlister (Oban) Ltd (‘the Company’). The case concerned an investigation by the North Eastern Inshore Fisheries and Conservation Authority (‘NEIFCA’) into the activities of one of the Company’s vessels, the Star of Annan. The breaches, which occurred variously on six different occasions, concerned: catching undersize scallops; fishing outside of a permitted area; fishing without a valid permit; fishing with more than 10 scallop dredges; failing to operate AIS; and fishing in a closed…
News 10 Sep, 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…
Webinars & Recordings 28 Jul, 2021
The inquests into the Croydon tram crash have now concluded, in which Oliver Powell appeared on behalf of Bombardier Transportation UK Limited. The inquests into the deaths of seven people killed in the Croydon Tram crash at Sandilands on 9 November 2016 have now concluded. Following a 10 week inquest, the jury returned a unanimous conclusion of accidental death, together with a narrative. Oliver Powell, instructed by Philip Tansley of Shoosmiths LLP, appeared on behalf of Bombardier Transportation UK Limited, the designer and manufacturer of the CR4000 trams. About Oliver Oliver is ranked in Legal 500 UK for Health & Safety (Tier 1). He is frequently instructed in inquests and inquiries, appearing on behalf of companies and company officers. Clients include Beko, Bombardier, Clipper Ventures Plc,…
News 23 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…
Events 6 Jul, 2021
The Pension Schemes Act 2021 came into force on 11 February 2021 and is set to make fundamental changes to the UK pensions landscape. Andrew Spink QC and Oliver Powell signpost the key changes that have been introduced by the Act, focusing on the new powers that will be available to The Pensions Regulator and the three new criminal offences created by the Act. The Pension Schemes Act 2021 addresses a number of critical areas concerning pensions, and importantly brings about a number of significant changes. Broadly distilled, the Act: establishes a new framework for the formation and administration of collective money purchase pension schemes; creates three new criminal offences; introduces a new power to impose civil penalties of up to £1m; expands…
Legal Blogs 3 Mar, 2021
Fiona Horlick QC and Oliver Powell co-authored the eleventh chapter of Lissack and Horlick on Bribery and Corruption. The following is a summary of the chapter, giving an overview of UWOs and AFOs. It is part of a serialisation of the chapters that members of Outer Temple contributed to the publication. The introduction of Unexplained Wealth Orders (‘UWOs’) was first proposed by Transparency International UK in June 2015, as a solution to the “critical gaps in the UK legal framework which are being exploited by corrupt individuals and companies”. Chapter 11 of Lissack and Horlick on Bribery and Corruption demystifies the statutory framework which gives law enforcement agencies new capabilities and powers to recover the proceeds of crime, and to tackle money…
News 28 Oct, 2020
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…
External Publications 13 Oct, 2020
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…
External Publications 30 Sep, 2020
NCA v Baker & Others [2020] EWHC 822 (Admin) On 8 April 2020, the Queen’s Bench Division of the High Court of Justice handed down judgment in the matter of NCA v Baker & Ors [2020] EWHC 822 (Admin). The eagerly anticipated judgment of Lang J concerned an application to discharge three Unexplained Wealth Orders (‘UWOs’), and related Interim Freezing Orders (‘IFOs’), previously made by Supperstone J pursuant to sections 362A to 362R of the Proceeds of Crime Act 2002. The UWOs had been obtained by the National Crime Agency (‘NCA’) in relation to three London properties worth approximately £80 million. It was the NCA’s case that there was extensive evidence in support of the applications for UWOs to demonstrate that the…
News 8 Apr, 2020
Oliver Powell, instructed by Roy Tozer and Hannah Frost of Shoosmiths represented a company who were sub-contracted to design and construct a timber frame structure for a commercial building project. The organisation was charged with contravening section 3 of the Health and Safety at Work etc. Act 1974 (‘HSWA 1974’) in relation to the design and construction of new timber framed building immediately adjacent to an occupied residential building. It was alleged that the organisation had failed to: ensure that the appropriate category of timber frame was used; and carry out an adequate assessment of the off-site fire risks. For the purposes of the sentencing exercise, the Health and Safety Executive (‘HSE’) initially sought starting points of not less than £250,000, on…
News 2 Mar, 2020
