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Brett Wilson Criminal and Regulatory Law Blog

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16.03.22

An introduction to financial sanctions involving Russia

The war in Ukraine, and latterly the news about Roman Abramovich and Chelsea Football Club, have brought the issue of the UK financial sanctions regime involving Russian nationals into sharp focus. But what is the regime and how does it operate on those who have business links to those who are or may be sanctioned?…

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18.02.22

NFTs and fraud: What to look out for and what you can do if you are scammed

Non-Fungible Tokens (NFTs) are the new hot topic in the crypto space, with global NFT sales passing the $4billion mark at the beginning of 2022. Of course, with so much money at stake in an industry that has little to no regulation by design, it was only a matter of time before fraudsters began taking…

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14.02.22

Partygate: There was no good legal reason to redact Sue Gray’s report

In recent weeks, senior civil servant Sue Gray has been cast into the political and legal limelight. In December Ms Gray (SG) was tasked with investigating suspected breaches of covid regulations which took place at No 10 Downing Street in 2020-2021.  We now know there were 16 gatherings during this period, held either at No…

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13.01.22

Seeking the costs of an unsuccessful regulatory prosecution: when can a costs order be made against the SRA?

Under Rule 43 of the Solicitors (Disciplinary Proceedings) Rules 2019, the Solicitors Disciplinary Tribunal (SDT) may make such an order as to costs as it thinks fit.  The SDT is required to consider (a) the conduct of the parties and whether any or all of the allegations were pursued or defended reasonably, (b) whether the…

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5.01.22

Covid-19 no longer an acceptable excuse for procedural failings

Covid-19 and the restrictions imposed as a result have inevitably had an impact on whether court deadlines can be met in every case. What if you need to make an application for an extension of time as a result of Covid restrictions? What are the principles that the Court will apply? Does the Court’s sympathetic…

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10.12.21

Sex and the City: the right to a private life in the workplace

Just over a year ago, the High Court published its landmark decision in Beckwith v Solicitors Regulation Authority [2020] EWHC 3231 , which provided much needed guidance on the extent regulators could inquire into the private lives of those that they regulate. In F v Solicitors Regulation Authority (1 November 2021)*, a trainee solicitor appealed…

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25.11.21

SRA consults on drastically increasing its powers to impose financial penalties

The Solicitors Regulation Authority (SRA) has initiated a consultation into the use of its internal powers to issue fines to firms and individuals. Under the current regime, the SRA is able to impose a maximum fine using its internal powers of up to £2,000. If it considers that a greater financial penalty would be warranted…

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Can I be forced to incriminate my loved ones?

One disturbing truth about violent offences is that, the majority of the time, they occur between two people who know each other. In 2019-2020, 43% of violent crime was committed by an acquaintance, 16% was categorised as domestic violence and only 41% committed by a stranger. Indeed, there were 200,000 of these ‘domestic’ violent offences…

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24.11.21

Alistair Parker discusses ‘Harper’s Law’ on BBC Radio 5 Live Drive

Alistair Parker, a solicitor in Brett Wilson LLP’s Regulatory and Criminal Law Department, has been interviewed on BBC Radio 5 Live Drive about the government’s proposed introduction of life sentences for offenders who kill emergency services workers whilst committing crimes. The interview can be found here at 24’05”.

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22.11.21

‘Fresh Evidence’ in Regulatory Appeals

In Narayanasamy v Solicitors Regulation Authority Ltd [2021] EWHC 2918 (Admin), the Appellant exercised his statutory right of appeal against a decision by the Solicitors Disciplinary Tribunal (SDT) to strike him off following a finding of dishonesty and other serious misconduct. In seeking to overturn the judgment of the SDT, the Appellant was relying on…

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Legal Disclaimer

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