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VIDEO: Tom McNeill on Corporate Criminal Liability
BCL senior associate Tom McNeill is interviewed discussing the shifting UK corporate criminal liability landscape and applying the regulatory approach...
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Online safety – the ICO’s Children’s Code
Neither blessed with a catchy title nor immediately in force, the Age Appropriate Design Code grabbed few headlines when it was issued by the Informat...
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The Litigation Privilege Predicament – The State of Qatar v Banque Havilland SA
Introduction Managing an organisation’s response to a regulatory crisis is a complex process. An important factor to be considered is whether a party...
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Corporate Criminal Liability: A Response to the Law Commission’s Discussion Paper – Part Four: Some Questions About Enforcement
Following an earlier call for evidence in 2017, the Law Commission has been tasked with considering options to reform the law on when and how companie...
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Corporate Criminal Liability: A Response to the Law Commission’s Discussion Paper – Part Three: More ‘Failure to Prevent’?
The Bribery Act Template The story so far The Law Commission devotes surprisingly little of its discussion paper to what most would expect to be the g...
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Corporate Criminal Liability: A Response to the Law Commission’s Discussion Paper – Part One: Some Points of Principle
Following an earlier call for evidence in 2017, the Law Commission has been tasked with considering options to reform the law on when and how companie...
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VIDEO: Julian Hayes discusses the current UK GDPR landscape
Partner Julian Hayes is interviewed on potential developments for UK data protection regulations.
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Cannabis and the FCA: A Consultation Response
The Financial Conduct Authority (FCA) is consulting on a Technical Note about listings of cannabis-related businesses. John Binns explains why the Not...
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Corporate Crime and the Regulatory Approach
Corporate criminal liability has been transformed beyond all recognition from what it was just 15 years ago. Not merely have fines increased very sign...
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GP Patient Records & Privacy: Not Between These Four Walls
“Treasure trove’ and ‘gold mine’ are descriptions which jar when describing the sensitive health care data recorded by GPs in countless daily consulta...
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Amec Foster Wheeler Energy Ltd: the SFO’s tenth DPA is approved
BCL senior associate Alex Swan discusses the announcement by the Serious Fraud Office that Amec Foster Wheeler Energy will pay a £103m penalty in a De...
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You receive a Health and Safety Improvement or Prohibition Notice: when, why, and what to do next
What powers does an inspector have to serve an improvement notice or prohibition notice? Sections 18 to 26 of the Health and Safety at Work etc. Act s...
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THE SHOW MUST GO ON! But does it risk arrest? Coronavirus and the theatre
Lord Lloyd Webber says his theatre production will open as planned in late June, regardless of coronavirus restrictions, and that he is prepared to be...
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Covid Inquiry: what is it and will prosecutions follow?
Why is a Covid inquiry taking place? Since March 2020, there have been calls for an inquiry into the government response to the Covid pandemic. An in...
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Do two wrongs ever make a right when it comes to evidence obtained by hacking or even torture?
With the civil courts confirming they are content to allow parties to deploy as evidence the results of unlawful computer hacking, Michael Drury, Caro...
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Coronavirus Quarantine and Self-Isolation: What If I Don’t?
Is it true that cheating quarantine rules could end in a prison sentence? John Binns explores the real risks of breaching the regulations.
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How to lose friends and alienate nations: with its clear disregard for legal norms, Belarus takes its rogue state status up a gear
Belarus’ recent actions demonstrate how not to seek an arrest, as well as how to invite international sanctions, as John Binns and Suzanne Gallagher e...
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The General Medical Council’s Fitness to Practise Procedures: How the process will unfold, what to do, and when
For any doctor, being the subject of a complaint can cause great stress and anxiety. When an allegation results in a formal investigation by the Gener...
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Six months on: the UK’s policing and law enforcement capabilities in Europe after Brexit
BCL partner Michael Drury and senior associate Caroline Mair analyse the recent Parliamentary report, “Beyond Brexit: policing, law enforcement and se...
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Another bad day for the Serious Fraud Office – but what are the broader implications?
On 26 April the SFO’s prosecution of two former directors of Serco Geografix Ltd (“SGL”) collapsed. Unsurprisingly this case has re-ignited questions...
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You received a Hygiene Emergency Prohibition Notice: What to do next
What is a Hygiene Emergency Prohibition Notice? The Food Safety and Hygiene (England) Regulations 2013 (‘the 2013 Regulations’) set out various enforc...
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COVID Status Certificates – A Passport to Freedom?
As the UK lockdown eases, friends and relatives are reuniting, shops are once again welcoming customers, and beer gardens are full of chatter. With GD...
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‘All mouth and no trousers’? The new focus on the fight against economic crime, illicit finance and serious and organised crime in the Integrated Review
In its first review of the UK’s security capabilities both at home and abroad since 2015, the Government in its ‘Integrated Review’ (IR) sets out its...
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Responding to Fire Authority Investigations: An Introduction to Fire Safety Enforcement
Following the Grenfell Tower tragedy, fire safety has come under ever greater scrutiny. There is increased pressure on responsible persons to comply w...
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Tesco receives highest ever food safety fine of £7.56 million for out of date food offences – a regulatory compliance warning for all businesses
On 19 April 2021, Tesco Stores Limited was fined £7.56 million at Birmingham Magistrates’ Court after pleading guilty to twenty-two out of date food o...
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The FCA – flexing its muscles as prosecutor?
In the following article Richard Sallybanks and Umar Azmeh look at whether recent AML and insider dealing prosecutions herald an increased willingness...
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Online abuse of sports professionals: Is a change in criminal law needed to reduce offending?
BCL Associate, Daniel Jackson, examines the recent surge in online abuse faced by sports professionals, most notably those in the world of football, a...
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Trouble in Merseyside: Operation Aloft and misconduct in public office
In the wake of Whitehall’s near takeover of Liverpool City Council, BCL’s Paul Morris and David Hardstaff consider the uncertain future of the offence...
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VIDEO: David Hardstaff discusses professional malpractice proceedings
BCL associate David Hardstaff discusses the disciplinary process and defending professionals and their reputations against allegations of malpractice...
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VIDEO: Defending allegations of student misconduct at university – Solicitor Kate Chanter discusses.
BCL associate Kate Chanter discusses the issues of defending against an accusation of misconduct while at university and in university proceedings.
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Extradition from the EU: no longer the EAW revisited
The publication of the 5th March letter from Kevin Foster MP Minister of Future Borders and Immigration at the Home Office to the Lord’s EU Justice an...
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Individuals in Cross-Border Investigations or Proceedings UK – The Practitioner’s Guide to Global Investigations 2021
BCL partner, Richard Sallybanks and associate Jonathan Flynn have written the chapter “Individuals in Cross-Border Investigations or Proceedings...
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Thames Water fined £2.3m for environmental offence
Thames Water was fined £2.3 million at Aylesbury Crown Court on 26 February 2021, following a guilty plea in relation to a pollution incident in Henle...
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VIDEO: BCL’s Umar Azmeh discusses legal professional privilege in the investigation process
BCL associate Umar Azmeh discusses legal professional privilege and confidentiality of documents in investigations.
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Cognitive Bias and Defending Health and Safety Investigations
Much is now understood about cognitive bias and the implications for decision-making. Unfortunately, that understanding is rarely applied in the crimi...
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Time is of the Essence as the FCA extends terms for loan restructuring
As part of its response to the Coronavirus (COVID-19) pandemic, the FCA announced finalised guidance designed to support consumers facing financial ha...
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Road traffic law: Enhanced enforcement to reduce drink driving?
Given the fact that the Coronavirus pandemic has seen a rise in the number of people with alcohol and mental health issues, BCL Associate Daniel Jacks...
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R (KBR Inc) v SFO: A victory for common sense
In October 2020 the Supreme Court heard the appeal in R (KBR Inc) v Director of the Serious Fraud Office (see previous summary article). The appeal f...
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Cum-Ex and the Criminal Law
BCL Senior Associate Tom McNeill discusses the basis for alleging criminality of Cum-ex trades.
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TalkTalk and BA Data Breaches – Aftershocks!
The dust has not yet settled on the Information Commissioner’s fine imposed on British Airways (BA) in October 2020, but the company now faces the lar...
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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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