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FCA


29.11.16

Brett Wilson Criminal, Fraud and Regulatory Law Blog launched

Brett Wilson LLP has launched a blog dedicated to criminal law, fraud and regulatory matters. The blog, which can be found here contains articles on the latest developments in these areas. Topics covered by the blog include general criminal law, white-collar crime, FCA proceedings, disciplinary proceedings/appeals, civil fraud and confiscation/the Proceeds of Crime Act. In addition to new…

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28.08.16

When does a professional blunder become a homicide?

An optometrist who missed ‘obvious signs’ of a lethal build-up of fluid on a boy’s brain has been convicted of manslaughter at Ipswich Crown Court and sentenced to a two year term of imprisonment, suspended for two years pending 200 hours of unpaid work under a Supervision Order. Vincent Barker, 8, died five months after…

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4.08.16

Illegailty and enforceability of contracts

In Patel v Mirza [2016] UKSC 42 the Supreme Court was afforded the opportunity to review and revise the doctrine of illegality. The Facts Mr Patel had paid the sum of £620,000 to Mr Mirza for the purpose of acquiring shares in RBS on the basis that Mirza had acquired some inside information about an…

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1.08.16

Construction firm ordered to pay £550,000 fine for double corporate manslaughter conviction

A construction firm has been fined £550,000 after two men fell through plywood hoardings around a building site in the early hours of 19 October 2013.  Monavon Construction Ltd pleaded guilty at the Old Bailey to two counts of corporate manslaughter (contrary to section 1 Corporate Manslaughter and Corporate Homicide Act 2007) and a further charge of…

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14.06.16

SDT blocks SRA settlement agreement in Premier League case

In an unusual development the Solicitors Disciplinary Tribunal [SDT] today blocked an attempt by the Solicitors Regulation Authority [SRA] to withdraw proceedings so as to enter into a regulatory settlement agreement with a Partner in a law firm who had apparently engaged in the exchange of sexist emails with the Premier League. The Tribunal has…

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Two years imprisonment for insider trading offences

A former employee of Schroders Investment Management was sentenced to two years imprisonment yesterday having pleaded guilty to nine counts of insider trading between 2000 and 2013. The case was prosecuted by the Financial Conduct Authority (FCA) at Southwark Crown Court. Insider trading is a form of market abuse and is an offence contrary to…

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24.05.16

Legal Services Board recommends civil standard of proof for SDT proceedings

The Legal Services Board report “The Solicitors Regulation Authority’s Regulatory Standards report 2015/16” published this month lends support to the proposition that the civil standard (on a balance of probabilities) as opposed to the current criminal standard (beyond a reasonable doubt) should be used in disciplinary hearings before the Solicitors Disciplinary Tribunal (SDT). Rule 7.7…

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22.04.16

New reckless banking offence comes into force, but can it be enforced?

From 7 March 2016 it became a criminal offence for senior bankers to recklessly cause their institution to fail. Section 36 of the Financial Services (Banking Reform) Act 2013 could, in theory, mean up to seven years in prison for:- a senior manager; who agrees to a decision that caused the institution to fail, and…

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13.11.15

Costs in cash forfeiture proceedings

The Divisional Court had an opportunity to reconsider the question of costs following an unsuccessful application for cash forfeiture under  the Proceeds of Crime Act 2002 in the case of Kialka v Home Office [2015]. The Divisional Court restated the principle in the Perinpanathan case that the default position is that costs are not recoverable…

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30.09.15

Government abandons plans for corporate liability for failure to prevent economic crime

The Ministry of Justice has confirmed that the government no longer intends to introduce legislation which would make corporations criminally liable for “failing to prevent economic crime”. The proposed offence was announced by Attorney-General Jeremy Wright in September 2014 and featured in the Conservatives’ election manifesto.  The legislation would have put a great onus on…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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