News & Events

Business Crime and Regulation

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

The Corporate Insolvency and Governance Bill – What it means for Directors and Creditors

The Government has published the Corporate Insolvency and Governance Bill setting out the measures it intends to bring in to help businesses survive the economic shock caused by Covid-19, together with important reforms to insolvency. In this article Saaman Pourghadiri of Outer Temple Chambers and Meriel Hodgson-Teall and Daniel Mills of Enyo Law consider what those measures mean for directors and suppliers to companies. This article updates a note Saaman, Meriel and Daniel wrote when measures to assist businesses were first announced. That note can be found here. Overview of the Bill The Corporate Insolvency and Governance Bill (the “Bill”) introduces temporary measures to respond to the Covid-19 crisis and permanent additions to the UK insolvency regime. As at the…

Covid-19, Commercial during Covid-19 3 Jun, 2020

Suspension of wrongful trading provisions to ease COVID-19 fallout – not a panacea for directors

In more Covid-19 related business news, the Government will amend the UK Insolvency Act 1986 to temporarily suspend provisions relating to wrongful trading by UK directors to help them to tackle these extreme trading conditions without the threat of personal liability. Saaman Pourghadiri has collaborated with Meriel Hodgson-Teall and Daniel Mills of Enyo Law to analyse the proposed suspension of wrongful trading provisions & Directors continuing liabilities and duties. Amongst a set of far-reaching new measures designed to ease the pressures and impact of the COVID-19 pandemic on UK businesses, the UK Government recently announced its intention to temporarily suspend provisions relating to wrongful trading by directors of UK companies. The measures, implemented by way of amendment to the UK…

Covid-19, Commercial during Covid-19, Commercial, News 28 Apr, 2020

How can corporates manage bribery risk as they fight to survive COVID-19

As the lockdown persists and businesses become more desperate, Fiona Horlick QC and Jeremy Scott-Joynt look at why this could mean more corporate bribery and corruption. With spare bedrooms or kitchen table corners continuing to do double duty as office space, many businesses – particularly those whose trade has shrunk – will be aching for a return to normality. However, normal may not return for a long time. Supply chains may shorten. Working practices may change. Long-settled business relationships may be sundered as partners may have ceased to trade. Battered businesses will be desperate for new deals as they seek to keep their staff working. In other words, it’s a perfect time to bribe someone – and the ultimate test…

Covid-19, Business Crime, Business Crime during Covid-19, News 24 Apr, 2020

Corporate Fraud in the Covid-19 Crisis – Guidance Note

Nick Johnson QC and Sophie O’Sullivan look at corporate fraud in the Covid-19 crisis, the changing risks and how to protect your business. The UK Government’s coronavirus (Covid-19) response has had profound effects on every business sector. The UK is on “lockdown”. Corporations and businesses, whose activities are underpinned by technologies such as verified transactions, encrypted communications and secure server networks, are having to find ways to conduct their core functions remotely, separated from colleagues and support departments, in circumstances where each person is, generally, unmonitored. There are very few – if any – corporate entities that had the practical and technological infrastructures in place prior to this crisis taking hold, which would have enabled them to adapt seamlessly to…

Covid-19, Business Crime, Business Crime during Covid-19, News 2 Apr, 2020

Alex Haines talks on US Sanctions and EU Blocking Statute

Business Crime and Regulation specialist, Alex Haines, gives a webinar to 150 members of the finance and business industries on US sanctions and the EU Blocking Statute. On 19 March 2020, Alex Haines, member of Outer Temple Chambers’ Business Crime and Regulation Team, gave a webinar to a 150 participants from an array of different industry (including HSBC, Allianz, Nasdaq and Michelin) on US sanctions and the EU Blocking Statute. The Blocking Statute The webinar, titled ‘The Blocking Statute: Deciphering its Provisions, How to Handle the US/EU Conflict, and Actions to Date’ , was organised by the Association of Certified Sanctions Specialists (“ACSS”). It covered: The history and aims of the Blocking Statute The four mechanisms of the Blocking Statute Temporal…

News 24 Mar, 2020

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