Blog

Feb 21, 2017 Small cases, big results Michael Potts' interview with Commercial Dispute Resolution News by Dimitar Ganev  Click here to read the full article                                                                     Michael.Potts@byrneandpartners.com 020 7842 ... Read More
Feb 14, 2017 Are you ready for the new Anti-Money Laundering Directive? The new Directive as of the European Commission proposal On 26th June 2015, the Fourth European Anti-Money Laundering Directive (EU 2015/849) (the Directive) came into force. Member States will have until 26th June 2017 to implement the Directive into national law. The Directive replaces the Third Anti-Money Laundering Directive (2005/60/EC), which was implemented in the UK by way of the Money Laundering Regulations 2007 (SI 2007/2157). The Directive aims to prevent the European Union’s financial system from being used for tax evasion, terrorist financing and money ... Read More
Nov 16, 2016 Failure to prevent facilitation of tax evasion On 13 October 2016, following numerous consultations, the new corporate offence of failure to prevent facilitation of tax evasion was published in the Criminal Finances Bill. It includes two offences; failure to prevent facilitation of UK tax evasion offences and failure to prevent facilitation of foreign tax evasion offences. The key elements of these offences are: Criminal tax evasion by a tax payer. Criminal facilitation of this offence by a person acting on behalf of the corporation (an associated person), whether by taking steps with a view to; being knowingly concerned in; or ... Read More
Nov 9, 2016 Deferred Prosecution Agreements Deferred Prosecution Agreements were introduced in the UK in February 2014. The first was agreed in October 2015 and we have now seen a second approved in July this year. The SFO would have the public believe that DPAs are the best of both worlds, by bringing companies to justice (and with their assistance the ultimately guilty individuals) whilst at the same time expediting the investigation process and reducing the burden on the public purse. They are promoted as a transparent and cost effective way of achieving justice, but it is debatable as to whether this is how the entities ... Read More
Oct 31, 2016 FCA’s future Mission On 26 October 2016 the FCA published a document entitled ‘Our future Mission’.   FCA’s Chief Executive Andrew Bailey says that it is not meant to be a change about what they do but that it is seeking to provide the FCA with a clearly articulated framework for what they do. A consultation period has now commenced which is set to last for 3 months seeking thoughts and contributions. Then a final version will be adopted which is set to be incorporated into the FCA’s business plan for next year. Transparency Transparency is one of the FCA’s principles of ... Read More
Oct 14, 2016 Yet more burden for the suspect to carry The latest draft of the Criminal Finances bill had its first reading in the House of Commons yesterday (13 October 2016). This bill covers a myriad of different areas (see the complete bill at http://services.parliament.uk/bills/2016-17/criminalfinances.html) but Part 1 Chapter 1 has the provisions for “Unexplained Wealth Orders” which are to be inserted into Chapter 2 Part 8 of the Proceeds of Crime Act 2002. This will be yet another weapon in the UK prosecuting authorities armoury to seize and confiscate assets which they believe may have been obtained from criminal ... Read More
Sep 23, 2016 Freezing Injunctions in Aid of Foreign Proceedings The English High Court has jurisdiction under section 25 of the Civil Jurisdiction and Judgments Act 1982 to grant freezing injunctions in aid of substantive proceedings in a foreign country. The test is the same as that for domestic injunctions – in other words, the applicant must prove a good arguable case, a real risk of asset dissipation, and that the granting of the injunction would be just and convenient. However, the applicant in a section 25 case must also clear three additional hurdles: (1) the injunction must not be “inexpedient”, (2) it must be related and ... Read More
Sep 15, 2016 New Restorative Justice Service to be implemented in London On 26 August 2016 Sadiq Khan, the Mayor of London, launched a £1.3 million restorative justice service for victims of crime in London. This initiative offers individuals in London who have been the victim of crime the opportunity to meet the perpetrator. The new support program has been instigated with a view to cutting reoffending rates as it is believed that the offender will be impacted by meeting the victim and make them feel accountable for their actions. Further, the scheme seeks to help victims recover from the incident by meeting the person responsible thereby allowing them to ... Read More
Sep 14, 2016 Freezing Injunctions – the duty of full and frank disclosure An applicant who applies for a freezing injunction without first notifying the respondent owes a duty to give full and frank disclosure to the court. This involves giving a fair presentation to the court of all the material facts and law. ‘Material’ in this context refers to matters which the court would take into account when deciding whether to grant the freezing injunction, including matters which the respondent might have been expected to raise if notified of the application. The duty is an onerous one. In particular: (1) applicants must make proper enquiries to ascertain ... Read More
Sep 6, 2016 Operation Tabernula Acquittal: Lessons Learned Operation Tabernula was a long and winding road. The majority of the defendants were arrested on 23 March 2010, charged on 1 October 2012 and tried over four months beginning on 11 January 2016. The substantial delay alone occasioned by issues over legal aid for counsel instructed in the case set the trial back 15 months. For defendant Benjamin Anderson, the final verdict of acquittal was a vindication of the many long hours spent absorbing, dissecting and deconstructing the prosecution case theory utilising the very tools the Prosecution relied upon to prosecute. This included the vast ... Read More