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Unlawful killing following Maughan – new guidance issued by the Chief Coroner
Overview In the case of R (on the application of Maughan) (Appellant) v Her Majesty’s Senior Coroner for Oxfordshire (Respondent) [2020] UKSC 46...
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Protecting the protectors: Calls for emergency legislation to prevent the prosecution of healthcare professionals when treating COVID-19 patients
BCL Solicitors Associate David Hardstaff, a specialist in professional discipline and criminal litigation, discusses recent calls for emergency legisl...
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Licence to kill – will undercover criminal activity be lawful for all purposes?
The Covert Human Intelligence Sources (Criminal Conduct) Bill (‘the Bill’)[1] is making its way through Parliament and is currently at the Report Stag...
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Online platforms no longer “able to mark their own homework”
The Government has published its long-awaited response to its Online Harms consultation. Confirming the intention to impose a duty of care to keep use...
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Will the enforced break result in Football Banning Orders being a thing of the past?
BCL Associate, Daniel Jackson, reviews the future of Football Banning Orders and the implications for offenders.
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Corporates and Crime: Is It Time for a Change?
The government’s long-awaited response to a call for evidence on changing the basis for corporate criminal liability promises further analysis by the...
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Failure to Prevent or Failure to Prosecute? Reforming Corporate Criminal Liability
Failure to prevent the facilitation of tax evasion Last month, Her Majesty’s Revenue and Customs (“HMRC”) published its latest figures on the corporat...
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Another false dawn for UK criminal cartel enforcement?
BCL’s Alex Swan, with Richard Sallybanks, looks at whether we can expect an upturn in the level of criminal investigation of cartel activity in...
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£18.4 million Marriott International GDPR fine announced by ICO; what did we learn?
On October 30th, 2020, The Information Commissioner’s Office (“ICO”) announced its fine of £18.4 million issued to Marriott International, Inc., (“Mar...
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The UK’s National Data Strategy – Too Much Love?
“We want the UK….to be the best place in the world to start and grow a digital business”. With this ambitious aim, the Government has laid out its Nat...
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SFO agrees its ninth DPA
It was announced today that the Serious Fraud Office (SFO) has reached a Deferred Prosecution Agreement (DPA) with Airline Services Limited (ASL).[1]...
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Online Harms Regulation – Sanctions But Not Criminal Liability?
In April 2019, the UK published an Online Harms White Paper proposing a broad new statutory duty of care for social media companies and platform provi...
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Sex, lies, and dating apps: The CPS updates its guidance on rape myths and stereotypes
Cindy Laing and David Hardstaff consider the CPS’s interim guidance in relation to challenging rape myths and stereotypes.
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The Serious Fraud Office: extending its extraterritorial reach?
BCL’s Alex Swan writes about the recently heard appeal of R(KBR Inc) v Director of the Serious Fraud Office, which raises issues regarding the e...
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Lisa Osofsky reveals the SFO’s wish list
In a speech at the Royal United Services Institute last week, the Director of the Serious Fraud Office (SFO), Lisa Osofsky, revealed a list of measure...
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Unexplained wealth orders: The NCA claim to have reached a “milestone”
The National Crime Agency (NCA) has recovered almost £10 million worth of properties and cash from a Leeds-based businessman, Mr Mansoor Mahmood Hussa...
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UK-US Bilateral Data Sharing Agreement: what companies need to know
BCL partners Michael Drury and Julian Hayes write for Lexology on the UK-US Bilateral Data Sharing Agreement, ahead of their upcoming free Lexology w...
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ICO Muscle Flexing – Draft Guidance on Regulatory Action
Recent months have seen the media awash with warnings of the heightened data breach risks as many of us adapt to working from home. What an opportune...
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Social media regulation: a new champion steps up
Julian Hayes and Greta Barkle discuss how social media platforms are used by fraudsters, the criminal sanctions already available to tackle the proble...
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The SFO: clearing the backlog?
In the following article Richard Sallybanks and Umar Azmeh look at the flurry of recent charging decisions from the Serious Fraud Office.
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Fraud against Coronavirus business support schemes – What are the risks?
Amid recent concerns reported by the BBC that some are taking advantage of the Government’s schemes to support businesses affected by coronavirus, wha...
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Private prosecutions: a blurred line between recovery of damages and public justice?
Anoushka Warlow and Cindy Laing discuss the safeguards surrounding the use of private prosecutions and their role in obtaining damages.
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SFO use ‘listed asset’ provisions for the first time
It was announced on Wednesday that the Serious Fraud Office (SFO) has recovered half a million pounds worth of jewellery from a safe deposit box under...
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Custody time limits and why they matter
David Hardstaff and Bethan Cowlam consider the recent increase to custody time limits and the practical implications in the context of significant cou...
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Coronavirus and Flu Vaccines: Proposed Changes to Criminal Liability
The government is consulting on legal changes that would assist the distribution of coronavirus and flu vaccines, by amending the exemptions to variou...
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Read the latest issue of FiftyOne for our latest business crime, regulatory and serious crime insights
Whilst it has been an unprecedented few months for all, we wanted to make sure we stay connected and provide you with some of the most recent legal in...
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Can My Child be Detained under the Coronavirus Act Without My Knowledge?
The government has sought to give assurances to the Children’s Commissioner about concerns that a child could be detained without notice to their pare...
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Double extortion – an emerging trend in ransomware attacks
Some cyber-attacks, like the Twitter hack in July 2020, make headlines because of the A-list celebrity victims involved. Some, like the Yahoo breach f...
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The Commerzbank fine: an expert’s view
The final notice recently issued by the UK’s Financial Conduct Authority against the London branch of Frankfurt-based Commerzbank AG (Commerzbank Lond...
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Clarity and transparency now provided for the sentencing of offenders with mental disorders, developmental disorders or neurological impairments
BCL’s Daniel Jackson reviews the recently published sentencing guideline for offenders with mental disorders, developmental disorders or neurological...
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Magnitsky Sanctions in the UK: Who are the Targets?
‘Gross violations’ What does the first list of ‘designated persons’ under the UK’s Magnitsky sanctions regime tell us about how they will be used? It...
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Magnitsky Sanctions in the UK: What About Due Process?
Magnitsky sanctions are a novel way to deal with people who are said to have breached fundamental human rights. But do these powers make sense, and ca...
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Magnitsky Sanctions in the UK: What’s Not to Like?
Global Human Rights Sanctions are here at last, tackling alleged criminals in Russia, Saudi Arabia and elsewhere. But should they be greeted with unre...
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‘We Can’t Consent to This’: R v Brown and the Domestic Abuse Bill
Bethan Cowlam and David Hardstaff consider additions to the Domestic Abuse Bill and ‘consent for sexual gratification’ as a defence
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AML and the SRA: Time to root out the bad apples?
BCL partner, John Binns writes for The Law Society Gazette concerning the apparent disregard by some as to the regulation of anti-money laundering law...
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COVID-19: Is there a risk of businesses being shut down or prosecuted for exposure at work?
Published: 03/07/20 As the COVID-19 lockdown eases further from 4th July 2020 and subsequently, more businesses will be able to recommence operating,...
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Medicinal Cannabis: What the Nation Needs?
David Hardstaff and Ami Amin discuss an in-depth report on policy developments in the UK by the Conservative Drug Policy Reform Group (the CDPRG)
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The GDPR’s Second Birthday: Three Cheers But No Presents
The GDPR has just celebrated its second birthday and, to mark the occasion, the European Commission (‘EC’) has published an assessment of its effectiv...
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Justice Committee launches inquiry into fairness of private prosecutions
The House of Commons Justice Committee has announced that it is to launch an inquiry into whether there are enough safeguards in place to prevent misc...
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Emerging from COVID-19: an opportunity for prosecutors?
Criminal lawyers are always asked by their clients how long they think an investigation or prosecution into allegedly serious offending will take. Eve...
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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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