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CMA: Pandemic Profiteering – take aim then hesitate
The initial shockwaves of the COVID-19 pandemic, declared in March, prompted authorities across Europe and in America to take urgent steps to protect...
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The test for dishonesty in criminal cases – Ghosh gone, Ivey confirmed
BCL partner, Richard Sallybanks and associate Ami Amin look at the implications of the Court of Appeal decision in Barton and Booth on the test for di...
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Just because it’s business crime doesn’t mean a press free for all: a suspect’s ‘Cliff Richard’ privacy rights confirmed
On 15 May 2020, the Court of Appeal handed down its decision in the case of ZXC v Bloomberg, upholding the decision of Mr Justice Nicklin that an arti...
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Coronavirus: Adapting jury trials in a time of crisis
On 24 April 2020, the Lord Chief Justice announced the establishment of a judicial working group to consider ways to re-start some jury trials once it...
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Data protection – another COVID-19 casualty?
With more than one third of the planet’s population currently under some form of COVID-19 related restriction, the wider impact of ‘lockdown’ is becom...
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Data regulation: An ‘empathetic’ approach from the ICO, but risks remain
While the tragic human consequences of COVID-19 have played out on nightly news bulletins, regulators across Europe have scrambled to adjust their app...
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Morrisons Case Decision: ‘Goliath’ beats 9,000 ‘Davids’ to avoid crippling data breach compensation claim
On 1 April 2020, the Supreme Court handed down judgment[1] in an eagerly awaited appeal by Morrisons Supermarket, ruling that it was not liable for th...
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Infodemic: Tackling COVID-19 online disinformation
Updated 22nd April 2020 Long before the COVID-19 pandemic, the internet was fertile territory for the spread of dangerous disinformation. Hostile stat...
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Coronavirus in prisons: Should inmates be released to stop the spread?
In the current climate of social lockdown, how should the government tackle the environments in which social distancing is not possible? BCL’s B...
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Coronavirus and the Detention of Children
The new powers to detain and isolate ‘potentially infectious’ people are alarming enough when applied to adults – but how do they apply to children?...
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The Coronavirus Act 2020: remote extradition courts, far from problem free
The Coronavirus Act 2020 came into force on 25 March 2020 and contains provisions aimed at ensuring the court systems, including those dealing with ex...
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Coronavirus: Access to Legal Advice Whilst Under Arrest
Following a fortnight of unprecedented measures, culminating in the royal ascent of the wide-ranging Coronavirus Act 2020, legal representatives, as w...
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The Lockdown and The Police – Common Sense and Discretion
BCL’s Ellen Peart, Daniel Jackson and Kate Chanter review the new regulations concerning the restrictions imposed during the Coronavirus Lockdow...
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Magnitsky Laws and Corruption: The Wrong Tool for the Job?
BCL partners John Binns and Michael Drury analyze the UK’s Magnitsky sanctions and corruption.
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Dangerous Ambiguities in the Coronavirus Act: Detention of the ‘Potentially Infectious’
Following his article covering the “New Legal Powers to Detain ‘Potentially Infectious’ People“, BCL partner John Binns comments on the po...
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Access to Justice under Coronavirus Lockdown: Update on Emergency Measures
This information is correct as of 5pm 24th March 2020. Emergency measures in relation to the UK Justice System are developing every day in response to...
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What powers will the police have during Coronavirus lockdown?
Last night Boris Johnson announced a virtual lockdown for 3-weeks when he said, ‘You must stay at home.’ The prime minister warned that people would o...
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Coronavirus pandemic spikes epidemic of financial scams
BCL partner Michael Drury discusses the risks to cyber security and individual’s private information during the Covid-19 pandemic.
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Coronavirus: New Legal Powers to Detain ‘Potentially Infectious’ People
The New Powers in Context The proposed new powers to detain people suspected of having Covid-19 in the UK’s Coronavirus Bill have been called unpreced...
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Blockchain: from cryptocurrencies to crypto-KYC
As stricter, more complex, requirements in relation to anti-money laundering are implemented in the EU, distributed ledger technology (“DLT”) might of...
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The new ‘Economic Crime’ levy: What it means for your business.
The government announced in its latest budget plans to introduce a new £100m levy on companies to fight economic crimes. The money garnered from compa...
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What are the legal implications for careless driving?
BCL’s Daniel Jackson discusses the law regarding careless driving and the recent Court of Appeal judgment in Jones v Crown Prosecution Service & A...
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VIDEO: Unexplained Wealth Orders explained – John Binns
BCL partner John Binns explains Unexplained Wealth Orders, their uses, their impact and how we can deal with them as they become more common in the fu...
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VIDEO: Richard Reichman on the shifting landscape of corporate crime and regulation
BCL partner Richard Reichman discusses the current legal landscape of corporate crime and regulation.
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VIDEO: Unexplained Wealth Orders – Analysing The Case of Zamira Hejiyeva
BCL partner John Binns analyzes the UWO case of Zamira Hajiyeva, following her recent appeal and subsequent refusal by the NCA.
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Allergen labelling remains in the spotlight as the FSA consults on technical guidance
BCL partner, Richard Reichman, discusses allergen labelling changes and the Food Standards Agency’s consultation on new technical guidance.
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Online Harms regulation – getting closer?
The Government’s much anticipated response to the Online Harms White Paper consultation has finally been released but those seeking clarity at this st...
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GIR Practitioner’s Guide 2020 – Individuals Issues in Parallel or Cross-Border Investigations UK
BCL partner Richard Sallybanks and associates Ami Amin and Jonathan Flynn write the chapter titled ‘Individuals in Cross-Border Investigations o...
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What next for the UK’s cannabis laws? – John Binns for Open Access Government
BCL partner John Binns writes for Open Access Government on the future developments UK legal cannabis industry, including legal, cultural and politica...
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VIDEO: John Binns on trends in UK legal cannabis industry
Continuing our latest video series, BCL partner John Binns give a brief overview of the legal state of the UK’s cannabis industry and how the tr...
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Stablecoins and the potential of a global cryptocurrency – Hannah Raphael writes for Lexis Nexis
BCL senior associate Hannah Raphael’s latest cryptocurrency article has been published by LexisNexis, covering the potential launch of new digit...
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VIDEO: Michael Drury on Facial Recognition Technology and it’s developing legal uses.
In the third part of our latest video series, BCL partner Michael Drury giving his insights into facial recognition technology, how it’s uses in...
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VIDEO: Julian Hayes on proposed Online Harms legislation and it’s impact on tech companies
The second in our series of videos features BCL partner Julian Hayes discussing the many difficulties thrown up by proposed UK and EU online harms reg...
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VIDEO: Shula De Jersey on the development of DPAs over the past year
In the first part in our series of videos on prominent legal topics for the past year, BCL partner Shula De Jersey discusses how DPAs have been used o...
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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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EU in-fighting over ‘high risk’ jurisdictions
John Binns and Ami Amin discuss the EU’s approach to mitigating external risks to its financial system.
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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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Ordering the wealthy to prove their innocence – Unexplained Wealth Orders
John Binns and Ami Amin look at the introduction of Unexplained Wealth Orders and the ways in which the new powers could compromise the rights of a re...
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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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