Neil Swift Thinking

Confiscation orders against criminals need to be realistic

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When offenders are convicted of serious acquisitive crimes, such as fraud, statutory mechanisms are in place to deprive them of the benefit of their criminal conduct. Courts will determine the appropriate order, but if the defendant does not pay, the order is often enforced against their assets and results in an additional period of imprisonment. […]

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Naming and shaming: regulatory consequences of HMRC’s naughty list

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In the summer, a UK politician became one of the latest public figures to face questions about their tax affairs, joining the ranks of numerous personalities, including actors, politicians, singers and comedians, who over the years have faced similar scrutiny. In this article for Tax Notes, Rachel Cook and James Tyler explain how a taxpayer […]

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Interaction of civil and criminal proceedings

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In this article for The Law Society Gazette, Jason Woodland and David Mohyuddin KC review the recent Supreme Court case of R v Luckhurst, which clarified the extent to which restraint orders will be varied to allow for payment of legal expenses incurred in related civil proceedings. The case also highlighted the different approach between […]

Andrew Wallace Thinking

Travel Risk Management: ISO 31030, legal risks and mitigation

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From left: Fabrice Dubest, Ben Fischer, Frédéric Bellanca, Brian Moore, Bob Quick, Laetitia Piroddi, Dave Wood, Andrew Wallis, Paul Johnson, Lee Whiteing On 15 November, together with our partners, we hosted a seminar on the legal implications for travel risk management (TRM) arising from the publication of ISO 31030. The seminar was aimed at senior […]

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Peters & Peters secures deletion of Russian INTERPOL diffusion

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Following detailed representations from Peters & Peters, INTERPOL has deleted a diffusion request from the Russian Federation, in respect of a prominent Russian businessman. The Commission for the Control of INTERPOL’s Files (CCF) found that maintaining data on Peters & Peters’ client may have adverse implications for INTERPOL’s neutrality, and that the data failed to […]

Jonathan Tickner

Secret trust claim struck out after decades long legal battle

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Peters & Peters has succeeded in having a claim against our client struck out. In a judgment handed down yesterday, the Chancellor of the High Court, Sir Julian Flaux struck out the claim in which the claimant alleged that the defendant, his brother, had hidden the existence of a trust allegedly created by their late […]

Alistair Jone

UK sanctions: Will the courts be prepared to find flaws in Russian designations?

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Since Russia invaded Ukraine, the UK government has designated more than 1,000 individuals and over 100 entities. Considering how quickly these designations were adopted, some are likely to be found to be flawed. Further, the UK had limited experience of adopting autonomous sanctions designations before the end of the Brexit transition period at the end […]

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Court of Appeal sheds light on new rules governing contempt proceedings

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Applications for contempt of court have been brought into sharp focus in the English courts in recent years. As Mr Justice Foxton observed in Integral Petroleum SA v Petrogat FZE [2020] EWHC 558 (Comm), these applications “have become an increasingly common feature of High Court litigation, particularly in the Business and Property Courts”. Prior to […]

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British standard on modern slavery: key systems and controls

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At the end of September 2022, almost seven years after the introduction of the Modern Slavery Act 2015, standard 25700:2022 of the British Standards Institution (BSI) came into effect, offering guidance and recommendations on organisational responses to modern slavery. As explained in the first part of our four-part series, the standard provides a practical roadmap […]

Neil Swift Thinking

SFO reform won’t make a difference without better resources 

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The UK political scene might have been in turmoil recently, but the drive to address financial wrongdoing in the country does not show signs of slowing down. Enter the government’s new economic crime and corporate transparency bill. The bill is going through the Commons and, if enacted, would give the Serious Fraud Office (SFO) a […]