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…
Business Crime, Events, News 5 May, 2022
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, Commercial, Legal Blog & Publications, Financial Services 8 Apr, 2022
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 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
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
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…
Business Crime during Covid-19, Business Crime, Covid-19, News 24 Apr, 2020
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…
Business Crime during Covid-19, Business Crime, Covid-19, News 2 Apr, 2020
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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