The Litigation & Dispute Resolution 2016 Expert Guide provides in-depth analysis on the latest changes and interesting developments around the world with a particular focus on popular alternative dispute resolution methods, arbitration and litigation trends, including reference to important case studies. Featured countries are: Bangladesh, Belgium, Bermuda, Cyprus, India, Indonesia, Japan, Moldova, Russia, United Kingdom, […]
Partner Jason Woodland, latest article ‘Nelmes v NRAM plc: the latest twist in brokers’ fiduciary duties’, features online in the Compliance Monitor. The Court of Appeal recently ruled there was a breach of duty where a broker had received commission from a lender, unbeknown to the client, who also paid the broker directly. The Court’s finding of an unfair […]
Neil Swift was interviewed by Thomson Reuters about the lessons financial institutions can take from the SFO’s second deferred prosecution agreement, obtained in respect of an as yet unnamed SME. Unlike the Standard Bank DPA, this case concerned allegations of bribery against very senior members of the organisation, which could lead to those individuals being […]
Michael O’Kane and Rebecca Meads recently published an article in Competition Law Insight, discussing the history of criminal cartel enforcement in the UK and what it means for future investigations. The full article can be downloaded here.
Following years of anticipation and comment, the past months have seen a flurry of enforcement activity in relation to the offence of failing to prevent bribery, contrary to section 7 of the Bribery Act 2010 (the “section 7 offence”). November 2015 saw the approval of the UK’s first Deferred Prosecution Agreement (“DPA”) between the Serious […]
Introduction This month, the Department for Business Innovation and Skills published a discussion paper seeking input on proposals to introduce greater transparency in respect of certain foreign companies. In broad terms, the proposals seek to bring foreign companies that hold English or Welsh real estate, or that intend to bid for UK Government contracts, under a […]
Neil Swift discusses the recent decision in McKenzie v SFO was published in Fraud Intelligence. The case concerned the SFO’s handling of electronic devices which are claimed to contain legally privileged material, raising important issues for persons involved in investigations. The full article, “Handled with care – High Court approves SFO’s treatment of seized electronic devices” is available […]
In a recent article for Fraud Intelligence, Head of Business Crime Michael O’Kane and Sarah Cotterill, Paralegal, discussed evidentiary standards in international arbitrations involving allegations of corruption. Their article, “Holding states to a higher standard: allegations of corruption in international arbitration”, is available here. You can also read it on the Fraud Intelligence website.
In a recent interview with LexisPSL, Neil Swift discussed the case of Smith and Ouzman Ltd., and the challenges in identifying a directing mind and will in corruption cases. The interview is available here.
Corporate Crime analysis: Neil Swift, partner in the business crime team at Peters & Peters, looks ahead to the most likely developments in 2016 in the area of bribery and corruption. To read the full article please click the link below: Bribery and corruption—looking ahead to 2016
