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UK – US Electronic Evidence Treaty – One step forward, two steps back?
Written by Julian Hayes and Michael Drury. Published by The Times, Euronews and PrivSec Report.
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Sanctions: Magnitsky Laws in the UK
BCL partner John Binns writes part four of his article series, ‘Sanctions and Brexit’. Read part one here, titled ‘Sanctions and Brexit: C...
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Julian Hayes & Michael Drury author UK chapter of Market Intelligence: Privacy & Cybersecurity 2019
BCL partners, Julian Hayes and Michael Drury explain the legal developments within privacy and cybersecurity in the UK over the last year in Lexology/...
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Sanctions Compliance: A challenge for us all
Partner John Binns writes the third in his series on Sanctions. Read part one here, titled ‘Sanctions and Brexit: Changes Coming to UK Sanctions...
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Sanctions and Brexit: UK Sanctions Framework Flowchart
BCL partner John Binns gives a visual overview of how sanctions are made and reviewed, as part of his ‘Sanctions and Brexit’ series of art...
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Sanctions and Brexit: Changes Coming to UK Sanctions Laws – Deal or No Deal
The first in a new series of sanctions guides from BCL partner John Binns. Check back soon for more or follow us on Linkedin to stay updated.
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UK and US intervene in Greek Corruption Trial
BCL partner, Shaul Brazil, associate, Jonathan Flynn, and Ovis Namias of Namias Law in Athens discuss the DOJ’s and SFO’s intervention in a major corr...
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High Court responds to first legal challenge of the use of live facial recognition technology
BCL partners, Julian Hayes and Michael Drury assess the key findings of the High Court’s judgment in R (on the application of Bridges) v Chief C...
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The UK’s anti money laundering laws post Brexit
BCL Partner, John Binns considers the potential impact of Brexit on the UK’s anti-money laundering laws. This article was originally published by Open...
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The law needs to change to allow anonymity for sexual offences suspects
Written by BCL partner, Paul Morris, Originally published by EuroNews on 16th August 2019.
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John Binns analyses post-Brexit Anti-Money Laundering Law
BCL partner, John Binns considers the potential impact of Brexit on the UK’s anti-money laundering laws, originally published by LexisNexis.
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“The age of corporate responsibility” – Tom McNeill writes for Compliance Matters
BCL solicitor, Tom McNeill‘s article “the age of corporate responsibility” has been published by Compliance Matters, discussing corp...
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ICO muscle flexing: First British Airways now Marriott
Just over a year since the Data Protection Act 2018 (DPA 2018) set new standards for protecting personal data in accordance with the General Data Prot...
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What Next for Economic Crime Policy? Pointers from the Government’s response to the Treasury Select Committee
The government’s recent response to the House of Commons’ Treasury Select Committee report, ‘Economic Crime – Anti-Money Laundering Supervision and Sa...
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Access to complainants’ mobile phones in Criminal Investigations – Is it really an invasion of privacy?
BCL’s Paul Morris and David Hardstaff discuss recent reports on digital data requested in investigations.
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Voyeurism (Offences) Act 2019 creates new sexual offences for ‘upskirting’
After careful consideration of the concerns raised by complainants and certain MPs, the government rightly decided a change was necessary in order to...
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The “Troika Laundromat Fraud”: Exposing the weaknesses in UK’s Anti-Money Laundering regime
The so-called “Troika Laundromat” fraud, uncovered after one of the largest banking information leaks ever, highlights the ever-growing importance for...
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Turkey fails in final attempt to extradite media boss from UK
BCL partner, Michael Drury speaks to The Guardian following the high court ruling to uphold his client’s extradition case as politically motivated....
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Facial Recognition Technology and Data Protection Law
Julian Hayes and Andrew Watson look at the legal framework around Facial Recognition Technology as set out in the Data Protection Act 2018.
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Confiscation: A Question of Judgement?
A high-level review of confiscation law may hold the promise of real change. John Binns explains how.
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MPs call for manifold changes to the UK’s anti-money laundering regime
BCL’s Serena O’Dea discusses the House of Commons’ Treasury Select Committee report, entitled ‘Economic Crime – Anti-Money Laundering Supe...
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Can the SFO ‘crack’ more cases by getting suspects to co-operate?
Richard Sallybanks and Jonathan Flynn look at the considerations which can arise when entering into co-operation agreements under the Serious Organise...
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An update on the regulation of Cryptoassets
Hannah Raphael discusses the UK’s policy and regulatory approach to cryptoassets.
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Deferred Prosecution Agreements: Prosecution deferred for corporates; Justice denied for individuals?
Alex Swan considers the impact that Deferred Prosecution Agreements (DPA) can have upon individuals, as highlighted in the conclusion of the recent ca...
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A false start for ‘medicinal cannabis’ in the UK?
Recently the BBC reported that despite the ‘legalisation of medicinal cannabis’ in November 2018, ‘virtually no-one’ in the UK had been able to access...
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Overseas production orders – a new tool for UK law enforcement
BCL partner, Shaul Brazil and employed barrister, Jonathan Flynn examine the Crime (Overseas Production Orders) Act 2019.
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The Cannabis Industry: Legal Issues for Businesses and Investors
Increasingly, businesses in the UK are looking at entering into, or investing in, the legal cannabis industry, domestically or overseas. But the legal...
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Food allergen labelling consultation launched following high profile inquest
BCL partner, Richard Reichman and solicitor, Suzanne Gallagher consider the effects and implications of the newly launched consultation on food allerg...
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Regulating autonomous vehicles – consultation considers new corporate criminal offences
BCL partner, Richard Reichman and solicitor, Suzanne Gallagher consider the review into the UK’s regulatory framework for autonomous vehicles by...
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Regulation of cryptocurrencies in the UK
BCL Solicitor Hannah Raphael and Employed Barrister Jonathan Flynn take a closer look at the changing landscape of cryptocurrency regulation in UK.
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The appointment of INTERPOL’s new President: the fox may not be in charge, but he is certainly still in the henhouse
BCL Solicitors’, Greta Barkle considers the recent appointment of INTERPOL’s new President, Mr Kim Jong Yang of the Republic of Korea.
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Dog-law and Dishonesty – Supreme Court’s ruling in Ivey v Genting Casinos [2018]
Tom McNeill and Anoushka Warlow consider the test for dishonesty following the Supreme Court’s ruling in Ivey v Genting Casinos [2018] A.C. 391, and h...
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Publication of revised Code for Crown Prosecutors: A steer in the right direction or a missed opportunity for radical change?
BCL Partner, Ellen Peart and associate David Hardstaff, consider recent revisions to the Crown Prosecution Service’s Code for Crown Prosecutors and as...
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A Green Light for Business? The Rescheduling of Cannabis-Derived Medicinal Products and the UK’s Anti-Money Laundering Regime
BCL Solicitors, David Hardstaff and Daniel Jackson consider some of the potential implications of the rescheduling of cannabis-derived medicinal produ...
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Domestic Abuse Bill: National register recommended for ‘serial stalkers and domestic violence perpetrators’. What will this mean in practice?
BCL Partner, Paul Morris and associate Kate Chanter discuss recommendations to introduce a ’national register’ under the Domestic Violence and Abuse B...
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The cartel offence – has a lack of enforcement contributed to a lack of awareness?
BCL partner, Richard Sallybanks looks at the CMA’s track record in the area of criminal cartel enforcement in light of research showing a lack of awar...
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Overseas Production Orders – The Answer to the Cross-Border Data Problem?
BCL Partner, Julian Hayes and foreign lawyer (New Zealand), Greta Barkle examine the difficulties law enforcement agencies experience obtaining overse...
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SFO v ENRC – “Mind the Gap”
Alex Swan discusses the uncertainty that still remains following the Court of Appeal’s judgment in the SFO v ENRC case.
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Reform of the Suspicious Activity Regime: A Wild Goose Chase?
BCL Partner, John Binns looks at the Law Commission’s consultation on the problem of Suspicious Activity Reports.
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Documents held overseas by a foreign company can be caught by the SFO’s compulsory powers
Alex Swan explores the significant judgments handed down by the High Court in R (KBR Inc.) v SFO.
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New manslaughter sentencing guideline likely to lead to longer prison sentences
Richard Reichman and Bethan Cowlam discuss the Sentencing Council’s Definitive Guideline on Manslaughter published on 31 July 2018.
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Doing unto others…the law and efficacy of hacking back
Julian Hayes and Harvey Briggs examine the legal position regarding “active defence” in response to ransomware attacks, and consider the pros and cons...
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Criminal Trial Disclosure in Crisis
Rachel Hubbard examines the disclosure crisis currently consuming the criminal justice system in England and Wales.
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Opting In, Opting Out: The Prospects for EU-UK Cooperation in Criminal Cases, Post-Brexit
John Binns considers the impact that Brexit will have on criminal cases, and how the EU and UK might continue to cooperate in future.
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PEP target of UK’s first two Unexplained Wealth Orders
On 28 February 2018, the National Crime Agency (NCA) publicised that it has obtained the first two Unexplained Wealth Orders (UWOs) in relation to ass...
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Challenging prohibition notices following the Supreme Court decision in Chevron
Richard Reichman considers the Supreme Court decision in HM Inspector of Health & Safety v Chevron North Sea Limited regarding appeals against pro...
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The Arrival of Unexplained Wealth Orders
New provisions to introduce Unexplained Wealth Orders (‘UWOs’) to English law are part of a process to extend the powers of the state to restrain and...
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Tax Evasion, Its Facilitators, and the New Corporate Duty to Stop Them
John Binns discusses the introduction of complex new offences in the Criminal Finances Act 2017, aimed at putting pressure on businesses to stop those...
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Criminal Finances Bill – Forfeiture of Bank Accounts?
John Binns and Tom McNeill query provisions in the Criminal Finances Bill to extend cash seizure and forfeiture powers to moneys held in bank and buil...
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Has Legal Advice Privilege been eroded in corporate investigations?
Harry Travers and Alex Swan consider the impact of the High Court’s decision in Re RBS Rights Issue Litigation [2016] EWHC 3161 (Ch).
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Criminal Finances Bill – Money Laundering, Civil Recovery & Enforcement Powers
The Criminal Finances Bill, currently under consideration by Parliament, includes a number of proposed changes to the laws on money laundering and civ...
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Confiscation under the Proceeds of Crime Act 2002 (POCA): a Prosecutor’s Wonderland?
The Proceeds of Crime Act 2002 (POCA) provides for a notoriously draconian regime for making confiscation orders against defendants who are convicted...
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Paul Morris discusses suspect anonymity
Partner Paul Morris, who defended Sir Cliff Richard in relation to historic sexual allegations, discusses the anonymity of suspects. Many of his obser...
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Are Government Proposals to Tackle Money Laundering Too Radical?
Guy Bastable and Tom McNeill discuss the Government’s Action Plan for anti-money laundering and counter-terrorist finance.
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