Blog

Jul 2, 2019 Court Reforms and the Impact of Justice Almost 3 years ago, in September 2016, HM Courts & Tribunal Service announced a series of reforms with the aim of transforming the justice system. The objective was to make the court process more clear-cut, accessible and efficient. £1 billion has been earmarked by the Government for the reforms, the ultimate saving for the taxpayer once the reforms are rolled out is allegedly £265m per year. The reforms are due to be implemented over six years with some changes already being actioned and some reforms being piloted. One pilot scheme that is currently being trialled as part ... Read More
Apr 24, 2019 Home Office publishes first Anti-Corruption Newsletter The Home Office launched its first Anti-Corruption Newsletter last week. The newsletter will be published quarterly and aims to inform businesses about the government’s efforts to battle corruption in the UK and abroad. A link to the spring 2019 newsletter can be found here: https://www.gov.uk/government/publications/anti-corruption-newsletter-spring-2019. The newsletter starts off with a boosting and seemingly contradictory fact by stating that the UK has been rated by the Financial Task Force for having the strongest controls of any country they have ever assessed in fighting money ... Read More
Mar 26, 2019 Online Whistleblowing Platform A cartel is a group of businesses whose goal is to increase their collective profits. They can take many forms but essentially are a result of an agreement or collusion among two or more competing commercial businesses designed to increase their profits by either: restricting output of supply or production, fixing prices, sharing markets, or bid rigging / collusive tendering Top of Form Last week it was announced by the European Commission that a new online platform was being set up to simplify whistleblowing on cartel cases. The new platform which is called eLeniency ... Read More
Mar 13, 2019 ENFORCEMENT OF FOREIGN JUDGMENTS IN ENGLAND: NO ASSETS, NO PROBLEM? Enforcement of a foreign judgment in the UK can bring significant advantages to a judgment creditor, irrespective of whether the debtor actually has assets within the jurisdiction. Taking such a step can help increase the pressure on the judgment debtor as well as opening up access to the enforcement tools of the English court, for example worldwide freezing and disclosure orders as well as the possibility of an order under CPR 71 that the debtor be cross examined as to their assets. Obtaining such an order in circumstances where the debtor themselves are present within the jurisdiction ... Read More
Mar 4, 2019 Litigation Privilege: (1) WH Holding Limited (2) West Ham United Football Club Limited V E20 Stadium LLP The decision at the end of last year by the court of appeal in WH Holding and West Ham v E20 Stadium [2018] EWHC 2784 (Ch) has provided important guidance on the extent to which litigation privilege may be applied to a company’s internal documents. The Court of Appeal decision arises out of West Ham’s application, pursuant to CPR 31.19(6)(a), for the court to inspect a number of emails, by way of a sample of redacted disclosure, in relation to which privilege had been asserted. The emails were between E20 board members and E20 Board members and stakeholders. At first instance ... Read More
Feb 22, 2019 The new outbreak of SARs – a potential fightback? At the moment most of the usual financial media outlets are focussed on the Barclays Qatari trial which is currently being heard at Southwark Crown Court. This is perhaps understandable given the seniority of the Defendants standing trial, the enormous amounts of money and bonuses that are being bandied about in relation to it and the suggested collusion of the highest ranking officials in a foreign state. There is, however, another trial which is playing out at moment in the High Court that is perhaps of more general interest to the average business person in the street. An unnamed ... Read More
Feb 12, 2019 Fighting Economic Crime The UK’s efforts in combatting economic crime and safeguarding the integrity of the UK as an international financial centre hostile to illicit finances is set out in the government’s five-year strategy paper – UK Anti-Corruption Strategy 2017-2022. The subsequent introduction of various task forces committed to dealing with economic crime also highlights the UK’s drive and determination in combatting corruption, perhaps not unsurprisingly given that the current estimated loss caused to the UK economy is over £14billion a year according to the Treasury. In ... Read More
Feb 12, 2019 Service of Enforcement Proceedings of an Arbitration Award on a State Introduction Litigation against a Sovereign state can be a prolonged affair. In large part, this is because states enjoy certain rights and protections granted by statute over and above those which other litigants enjoy. These additional rights are in place for the practical reason that a sovereign state, unlike most litigants, has a large bureaucracy and so a new claim served on a state can take some time to find its way to the correct person for proper consideration. One such right relates to the service of court proceedings. Under s.12 State Immunity Act 1978, "any writ or other ... Read More
Jul 11, 2018 Shortcomings in the Victims Right to Review Scheme The ruling in R v Killick prompted the introduction of the Victims Right to Review Scheme (‘VRRS’) which applies to all qualifying cases from 5 June 2013. This scheme gives the victims of crime the ability to request a review of certain decisions by the CPS. It gives effect not only to the principles established by the Court of Appeal in Killick but also the EU Directive on the Rights of Victims of Crime which establishes ‘the minimum standards on the rights, support and protection of victims of crime’. Under the VRRS a victim can request a review of the following ... Read More
Jul 5, 2018 Court orders defendant subject to worldwide freezing order to provide disclosure of legal expense funding On 8 June 2018 the Commercial Court handed down the latest judgment in the long-running saga of the Ablyazov litigation. The judgment illustrates the practical steps which may be taken in order to police compliance with an asset freezing order in commercial litigation. Since 2009 Kazakhstan’s BTA Bank of has been attempting to recover billions of dollars’ worth of misappropriated assets from its former chairman Mukhtar Ablyazov and his associates, including his son-in-law Ilyas Khrapunov. In the current claim BTA alleges that Mr Khrapunov conspired with Mr Ablyazov to prevent ... Read More