May 2, 2017 Third Party Rights: What’s in a name? On 22 March this year, the Supreme Court handed down its decision in the case of Macris v FCA [2017] UKSC 19 (on appeal from [2015] EWCA Civ 490)   This followed extensive litigation between the parties from the Upper Tribunal to the Court of Appeal to the Supreme Court with Mr Macris successful until the final hurdle. The FCA emerged victorious (albeit probably somewhat surprised) but will this have the effect of derailing the many identification cases that have followed Mr Macris’ trailblazing footsteps? The nuance of the four separate judgements make this a complicated ... Read More
Apr 12, 2017 Notification Injunctions: a lower evidential threshold for risk of dissipation? A notification injunction is an order which prohibits the respondent from dealing with or disposing of assets without first providing advance notice to the applicant. It thus gives the applicant an opportunity to examine the proposed transaction and decide whether to apply for an injunction prohibiting it. The courts have recently considered the evidential threshold for notification injunctions – and in particular the question whether it is different from the threshold for freezing injunctions – in the dispute between Mark Holyoake and the Candy brothers. In April last year Mr ... Read More
Apr 10, 2017 Reduction in Sentence for a Guilty plea – The Definitive guideline In my previous blog on this subject I entreated people to take part in the consultation regarding the proposed changes to the reductions in sentence that should be applied for a guilty plea. Those proposed changes have now come to pass. Consequently, for all offenders aged 18 or over and organisations that have their first hearing in respect of their proceedings on or after 1 June 2017 the following will apply: Where a plea is indicated at the first stage of the proceedings a reduction of one third (maximum) applies. The “first stage of the proceedings” for summary offences ... Read More
Mar 21, 2017 Police and Crime Act 2017 – does this really mean the end of lengthy pre-charge bail conditions? The Policing and Crime Act 2017 (“PCA”) received Royal Assent on the 31st of January 2017 and is due to come into force on the 3rd of April 2017. It has been portrayed as a positive reform which will reduce the time individuals spend on bail before being charged. But does the legislation actually achieve this aim? The PCA creates a presumption of release without bail and places time limits on the length of pre-charge police bail. In most cases the initial period will be capped at 28 days with a superintendent being able to extend this for a further 3 months. Thereafter any ... Read More
Mar 13, 2017 Trial Without Jury In February 2017 during a trial at Leeds Crown Court, HHJ Goss discharged a jury and continued the trial in their absence in response to attempts made to tamper with the jury’s verdict. Partway through his summing up the Court was required to be evacuated and during this time 5 jurors were approached and offered bribes in return for certain verdicts. The jurors informed HHJ Goss who then made the exceptional decision to discharge the jury and deliberate on the verdict himself. He convicted all 3 defendants of conspiracy to commit fraud and he also found 2 of them guilty of manslaughter. ... Read More
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                                                            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