News & Events
News & Events
The Tackling Corruption Together conference, a major initiative for civil society, business and government leaders, is expected to take place on Wednesday 11 May 2016 in London, UK. The event, which will focus on Anti-Money Laundering regimes and the effect of the Panama Papers, is a unique opportunity for leaders and experts from all over the world to present their views on how business, civil society and policy makers can collaborate in order to tackle corruption efficiently. Michael will be chairing a panel on what financial centres can do to tackle corrupt capital. The organisers advise that “highlights from discussion on 11 May will be passed through to officials involved in the government Leaders Summit on 12 May to inform…
News 4 May, 2016
Outer Temple Chambers barristers recently participated in the 2016 COMBAR North American Meeting, which was held in Venice, Italy, from Thursday 31 March to Friday 1 April 2016. Robert Rhodes QC was part of the “Bribery & Corruption” panel session attended by the Lord Chief Justice Lord Thomas where Robert spoke about “adequate procedures” under the Bribery Act 2010. He emphasised that the important point of the session was to highlight that the detailed provisions of the UK Bribery Act cover any business that is incorporated in the UK or that carries on business in the UK, even if it is incorporated abroad. Robert also demonstrated that it is absolutely vital that all such businesses have an understanding of their…
News 3 Apr, 2016
At the invitation of the United Nations, John addressed a major event in Guatemala City on 1 April 2016. He spoke alongside the Guatemalan minister for Government, Sr. Francisco Rivas, the British Charge d’Affaires, Mr Andrew Tate and various international experts. The purpose of the seminar was to strengthen Guatemalan efforts against illicit trade and to strengthen law enforcement organisations and the rule of law. John has worked across Latin America for many years and speaks Spanish.
News 2 Apr, 2016
Bianca addresses the coming into force, on 7th March 2016, of the new regime in the financial services sector. She considers new key requirements as well as the impact of the removal of the reverse burden of proof. Among her conclusions, she highlights “increased transparency and accountability of decision-making in firms”, but also notes that the “emphasis on individual accountability may undermine collective decision-making”. The article, first appeared in the New Law Journal on 15 January 2016.
External Publications 25 Feb, 2016
Banking & Finance analysis: There is a move to transaction-based benchmarks for calculating LIBOR rates. Saaman Pourghadiri was interviewed by LexisPSL, on questions whether this change in methodology is likely to lead to frustration in current contracts. He specialises in commercial litigation and financial services. His current and recent financial services work includes acting for a number of individuals in relation to the global investigations into the FOREX market, claims arising out of the mis-selling of interest rate hedging products and assisting the Bank of England in developing and implementing its approach to regulating CCPs.
News 24 Feb, 2016
In 2015, Ashers bakery was found to have discriminated against a customer on the grounds of sexual orientation and political opinion. The complicated so-called ‘gay cake’ case seemed to be nearing its conclusion, when the last-minute postponement of the hearing extended the appeal issues. The Attorney General then intervened into the case claiming there was a potential conflict between Northern Ireland’s equality legislation and European human rights laws and that the case raised constitutional issues arising from the devolution arrangements in Northern Ireland. Further to this intervention, a special hearing will now take place on Wednesday, 3rd March 2016, and the appeal itself is re-listed to start on 9th May 2016.
News 5 Feb, 2016
The Upper Tribunal today published a decision giving reasons for refusing the Authority’s application for a “split trial” of the conjoined references of Stewart Ford (the former CEO), Mark Owen (the former FD) and Peter Johnson (the former compliance officer) arising out of the failure of Keydata Investment Services Limited (“Keydata”). Keydata was involved with certain investment products underpinned by bonds issued by two special purpose vehicles incorporated in Luxembourg, SLS Capital SA and Lifemark SA (“Lifemark”). The Luxembourg regulator (the CSSF) closed Lifemark to new business in mid-2009, and it was put into liquidation on 11 May 2012. Keydata ceased trading in June 2009 and went into administration. The Decision Notices, which are now the subject of these references,…
News 1 Feb, 2016
Matthew McDonagh successfully secured the acquittal of Vincent Walsh, a former senior equities trader at RBS. Mr Walsh had been charged with an alleged conspiracy to cheat the Inland Revenue amounting to millions of pounds of tax relief generated by investment in the British Film Industry. He was acquitted following an eight-week trial that concluded just before Christmas last year. Other defendants in the case who were convicted have now received substantial sentences following their involvement in the conspiracy. For further information, please see Bloomberg, Financial Times and CWD Law.
News 22 Jan, 2016
Following the biggest trial of its kind ever bought by the enforcement arm of the Department of Transport, a jury has just returned a verdict acquitting the directors and senior management of a subsidiary of a bank involved in providing finance to the transport industry on charges of conspiracy to defraud the transport regulator (the Traffic Commissioners of Great Britain). The trial involved allegations that the directors and managers had developed a business model aimed at subverting the regulatory system, and involved extensive evidence from several senior judicial figures within the system. Tim acted for two of the senior managers charged. At the conclusion of a trial which lasted 4 months the jury took 6 hours to return a unanimous…
News 6 Mar, 2015
Tim Green of Outer Temple Chambers was recently instructed by the HSE to prosecute Western Park Leicester Limited for a breach of s3 HSWA arising from the death of an elderly resident. Around 7.30 am on Monday 8 May 2012 Walter Powley fell in his room and was trapped against exposed hot water valves and pipes at 70 degrees Celsius. He sustained burns to his knees and legs which were a significant cause of his death 8 days later. Recorder Evans found the guidance available testifying to the danger posed from hot pipes to frail and elderly people was well known. Despite the company’s early guilty plea, the Judge fined the defendant £100,000 and ordered it to pay £35,000 costs.…
News 6 Feb, 2015
Solicitors and counsel acting for members of the military know that such claims carry their own distinct risks and thus cannot be viewed as “stereotypical” employers’ liability-type claims. In Broni, Woof and Barbour v Ministry of Defence [2015] EWHC 66 (QB), Supperstone J has confirmed that military claims do not fall within the auspices of the CPR Fixed Uplift regime as defined at Part 45 Section IV (which fixes uplift for employers liability claims at prescribed levels). In holding that members of the military were not engaged in a contract of service, it followed that they did not fall within the definition of an employee as defined by Employers Liability (Compulsory Insurance) Act 1969 (“the 1969 Act”). In these circumstances,…
News 28 Jan, 2015
On 2 December at Stafford Crown Court Lee Cottrill, a company director, was sentenced to 3 months imprisonment suspended for 12 months for health and safety offences. Mr Cottrill was for 20 years a company director of Albion and Tower Scaffolding and had admitted that whilst a director of Albion he has consented or connived in the construction of an unsafe system of scaffolding built around a warehouse outside Burton on Trent. Tim Green was instructed by the HSE to prosecute the case. Three other defendants also pleaded guilty. The Judge found that in respect of each defendant their breach of health and safety law was a significant cause of death. The total fines and costs imposed exceeded £150,000.
News 3 Dec, 2014
