Watch the Webinar: The Anatomy of a Criminal Pensions Investigation

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 introduction
• David E Grant: Civil versions of criminal offences; the interaction between the target and the regulator
• Michael Bowes QC & Oliver Powell: Prosecutions; elements of the offences; dealing with interviews under caution

After short presentations by our panel, there were questions from the audience which included members of the regulator as well as numerous law firms.

Some of the questions to the panel included:

• On the theme of regulatory interviews, do the panel think TPR’s new investigatory powers to compel people to attend interviews (not under PACE) will be widely used (as they are by the FCA for example)?
• There is protection afforded by s.310 Pensions Act 2004 against use of compelled statements against a person in criminal proceedings unless the person first raises them. Where an investigation is started into a company and a director/senior officer gives answers in a PACE interview, does this leave the company with no protection under s.310? Also, does this mean directors can be compelled to give evidence against each other so they all get prosecuted anyway?
• If TPR commences a prosecution against a solicitor or counsel, the defendant’s ability to defend themselves is highly likely to need to draw upon and rely on the privileged legal advice they gave their client. The privilege, of course, is the clients. If the client is not prepared to waive the privilege, how can the legal advisor defend themselves fairly?
• TPR is said to be a selective prosecutor – on the basis of the CPS having the challenge of deciding if the case is in the public interest before prosecuting. Does the panel think there is a reputational risk for TPR at all?
• What about DPAs in this space?

Watch the Webinar

Andrew Spink QC is a Head of Chambers and a part-time judge sitting as a Deputy High Court Judge (Queen’s Bench and Chancery Divisions). He is listed as a leading pensions silk in Chambers & Partners and Legal 500 and acts in many of the leading pieces of litigation and work involving the Pensions Regulator. Chambers call him an “authoritative and experienced advocate well known for his handling of high-profile pension disputes.”

David E Grant practises primarily in commercial law, particularly pensions, financial services, civil fraud and fiduciary duty, banking, insolvency and chancery. David has extensive advocacy experience and regularly appears in the Court of Appeal, High Court and specialist Tribunals. David is recommended in Chambers and Partners (Band 1) and the Legal 500 (Tier 1), who called him “The go-to junior for Part 8 and professional negligence claims concerning pension schemes.”

Michael Bowes QC specialises in business crime, civil fraud, financial services and international sanctions. He is highly regarded as an expert in civil and criminal “cross-over” work. He is described as “…one of the go-to barristers in England for a corporate crisis.” and a “great crossover practitioner from the Criminal Bar.” Michael is a Deputy High Court Judge (Queen’s Bench Division) and a Recorder.

Oliver Powell is an internationally accredited barrister specialising in business crime, civil fraud, financial services and POCA. He acts for companies and company officers in relation to matters that involve allegations of fraud, bribery and corruption, insider dealing, tax evasion, cartels and/or money laundering.  Oliver is recognised in Chambers & Partners and Legal 500 as “An impressive senior junior well versed in large scale litigation.”

Find Out More

To find out more about any of the speakers at this event please contact Colin Bunyan on +44 (0)207 427 4886 who would be happy to discuss their practice and expertise in more detail and in the strictest of confidence.

Webinars & Recordings 28 Jul, 2021