The Quincecare duty, which requires financial institutions not to execute customers’ orders if they have been made aware that these are part of a fraud, has gained prominence recently as upcoming legal challenges threaten to increase banks’ responsibilities in the context of increasingly sophisticated fraud. In this article for The Banker, Paul Johnson and David […]
Earlier this week, HM Treasury released proposals that would mean that parts of the crypto sector has to follow rules that currently apply to financial institutions, and would include the Financial Conduct Authority having greater oversight of the sector. Across the Channel, the EU is already making great strides in the competition between jurisdictions to […]
The government has confirmed its intention to bring forward a failure to prevent fraud offence in the Economic Crime and Corporate Transparency Bill, when the latter is debated in the House of Lords. Neil Swift spoke to LexisPSL about the proposal, asking, among others, whether failure to prevent offences, and the underlying policy of making […]
A host of third parties, including charities and private individuals, has asked the UK government to add around 1,000 names to its sanctions regime, Bloomberg reports. The Foreign Office received 37 such requests between February 2022, when Russia invaded Ukraine, to June 2022, the department revealed last week after a freedom of information request. However, […]
The Supreme Court will hear the appeal of Republic of Mozambique (acting through its Attorney General) (Appellant) v Privinvest Shipbuilding SAL (Holding) and Others (Respondents) (2021/0085) from 24 to 25 January 2023. The appeal arises out of ongoing litigation before the Commercial Court in which Peters & Peters has acted for the Republic of Mozambique […]
The recent spectacular collapse of the FTX exchange has made questions in respect of crypto regulation in the UK (and elsewhere) more pressing. While the government had previously approached the topic with caution, these recent events have contributed to a noticeable shift in gear, including the introduction of a bill bill to bring certain cryptoassets […]
The Single Justice Procedure (SJP) has allowed the prosecution of minor summary-only offences that do not attract a custodial sentence, without the need for a defendant to attend court. Introduced by the Criminal Justice and Courts Act 2015, the SJP has to date been used for individuals accused of minor offences such as speeding, driving […]
At the start of the new year, an unfortunate and dispiriting reality is starting to dawn: 2022 was the UK’s ‘Year of Fraud’. From headlines of the UK government having lost £16 billion to Covid 19 fraud, to the shocking truth that only one in every 1,000 criminal complaints for fraud results in a conviction, […]
Following the collapse of the FTX exchange, the government’s proposals to regulate cryptoassets has become even more relevant. This article analyses the proposed regulatory changes and their potential impact on market actors involved in the crypto sphere. Proposed amendments HM Treasury and the Financial Conduct Authority (FCA) have indicated that the increase in retail investors’ […]
Lawyers are taught rules and procedures while studying the law, which is essential to achieving optimal legal outcomes, but academic study does little to prepare them for how these outcomes can be meaningfully affected by the use of legal technology. Edward Irwin spoke to CS Disco, as part of a blog series on how technology […]
