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Confiscation Reform: Has the Law Commission Got It Right?
In a 640-page final report on the topic in November 2022, the Law Commission has made 119 recommendations to reform the process and substance of the r...
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2023: Turning Tides at the Serious Fraud Office?
Anoushka Warlow, Suzanne Gallagher and Annabell Hood from our business crime team review whether the SFO has emerged from a troubled 2022 into an even...
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Sanctions Designations in UK Courts: Lessons from the Synesis Case
The High Court has heard – and rejected – the first challenge under the UK’s post-Brexit sanctions framework. BCL partner, John Binns explains w...
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Supply Chains and the Proceeds of Crime: A Green Light for Slavery Products?
A recent judgment endorses UK investigators’ doubts about pursuing retailers whose supply chains seem to involve the proceeds of crime. But is it righ...
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Safety is not rocket science
Last year, in its ten year strategy, the Health and Safety Executive announced that it is looking to regulate workplace safety in ‘different ways’, in...
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ESG harms and supply chain due diligence – is the UK falling behind?
Novel claims for alleged environmental and human rights harms in the operations and supply chains of household name companies are mounting. They high...
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Out of Harm’s Way: Protecting Young People from the increased risks of online extremism
Suzanne Gallagher examines the UK’s proposed response to the rising tide of young people engaging in terrorist activity online.
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Bring Up the Bodies, Renewed Expectations for Corporates from the US Department of Justice
New US Department of Justice Policy demonstrates commitment to pursuing individual wrongdoing. Anoushka Warlow and Suzanne Gallagher consider the new...
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BCL partners author the England & Wales chapter of ICLG: Corporate Investigations 2023
BCL partners, Michael Drury, Richard Reichman, and Tom McNeill examine some of the issues in corporate investigations laws and regulations – including...
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”Individuals in Cross-Border Investigations or Proceedings: The UK Perspective” chapter for The Practitioner’s Guide to Global Investigations
BCL’s Richard Sallybanks, Anoushka Warlow and Greta Barkle have co-authored the chapter ‘Individuals in Cross-Border Investigations or Pro...
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Updates from the FCA – Looking to 2023
There has been a flurry of activity in recent months from the Financial Conduct Authority (FCA), with new duties and obligations on regulated firms an...
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Justice in a situation where justice is impossible?
Anne Sacoolas, a US citizen, has pleaded guilty to causing death by careless driving via video link at a plea and case management hearing at the Old B...
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Business as usual or storms on the horizon? A mid-year review looking at the Serious Fraud Office’s achievements and upcoming pressure points for 2022
In this article Shula de Jersey and Matt Davies provide a brief mid-year update looking at what the Serious Fraud Office (“SFO”) has achieved so far t...
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Online safety: the encryption dilemma – trade-offs
From e-commerce and video-conferencing to messaging friends and colleagues, we take the encryption, and thus the security, of our digital communicatio...
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Money Laundering Cases: A Practical Guide
In the latest of our legal guide series, BCL partner, John Binns explains the complex nature of money laundering investigations.
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Michael Drury and Tom McNeill write for Lexology’s Getting The Deal Through
BCL’s Michael Drury and Tom McNeill provide a comprehensive guide to the agencies responsible for civil and criminal law enforcement exploring the tec...
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Michael Drury and Tom McNeill write for Lexology’s Government Investigations: Global Overview
BCL partner Michael Drury and senior associate Tom McNeill author the England & Wales chapter of Lexology’s Getting The Deal Through – Gover...
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VIDEO: John Binns discusses confiscation law
BCL partner John Binns discusses confiscation law.
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Health & Safety prosecutions: individual failings
BCL Senior Associate Tom McNeill discusses the extent to which organisations in health and safety cases are held responsible, and punished, for the fa...
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Defending failure to prevent offences
BCL Senior Associate Tom McNeill and partner John Binns explore the reasons why organisations are not defending failure to prevent offences.
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CMA to issue consumer protection penalties of up to 10% of global turnover – greenwashing becomes more costly
The government has announced that the Competition and Markets Authority (CMA) will be given game-changing new powers to deal with consumer protection...
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Another overturned Unaoil conviction and a grilling by the Justice Committee: how is 2022 looking so far for the Serious Fraud Office?
In the following article Richard Sallybanks and Anoushka Warlow look at how 2022 has begun for the Serious Fraud Office (“SFO”).
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New law placed on drivers that prohibits all hand-held use of a mobile phone or similar device, except in very limited circumstances
BCL’s Senior Associate, Daniel Jackson, provides a timely reminder of the new law facing motorists on our roads.
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VIDEO: John Binns discusses Proceeds of Crime issues in the UK Cannabis Industry
BCL partner John Binns discusses Proceeds of Crime issues in the UK Cannabis Industry
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“Preparing for the worst but operating at our best” – Reform of the NIS Regulations
With cybercrime rates doubling since 2019, and ransomware tripling since 2020, the UK government is seeking to bolster the nation’s cyber defences, pu...
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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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The globalisation of criminal evidence and the UK-US Data Sharing Agreement
BCL partners, Michael Drury and Julian Hayes discuss the implementation of the much delayed UK-US data sharing agreement (Cloud Act) and examine the w...
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UK-US extradition: an imbalanced relationship?
In the following article BCL’s partner Shaul Brazil examines the application in the United Kingdom of the ‘forum bar’ to extradition which was i...
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So what’s going on with the Serious Fraud Office?
BCL’s partner Richard Sallybanks looks at the present state of play for the SFO.
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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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Surveillance Eye in the Sky: drone technology in criminal and regulatory investigations
Suzanne Gallagher takes a look at the use of unmanned aerial vehicles (commonly known as drones) in a law enforcement context and maps out the current...
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Well, That Escalated Quickly: Fixed Penalties for Lockdown Breaches in England
BCL Partner John Binns writes about changes in Fixed Penalty notices in England.
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A guide to the terms of Financial Conduct Laws and the FCA’s approach to Crypto Assets
In this guide BCL Partner, John Binns provides an introduction to the terms of Financial Conduct Laws and explains the FCA’s approach to crypto assets...
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Individuals in Cross-Border Investigations or Proceedings: The UK Perspective
BCL’s Richard Sallybanks, Anoushka Warlow and Alex Swan have co-authored the chapter ‘Individuals in Cross-Border Investigations or Procee...
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Lockdown Offences under Coronavirus Regulations: A Reminder
In these extraordinary times, it may be worth a reminder of precisely how the UK government is able to criminalise ordinary conduct by the general pop...
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United States Strategy on Countering Corruption: US enforcement efforts rise whilst the SFO reports its lowest number of new investigations
How will the recently published US Strategy on Countering Corruption affect the UK? Richard Sallybanks and Anoushka Warlow consider the US Government...
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Nine Lessons from the NatWest Money Laundering Case
If NatWest, one of the UK’s ‘big four’ banks, finds it hard to comply with money laundering laws, what hope is there for the rest of us? The facts beh...
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Eurasian Kleptocracy and the UK: What’s the Problem?
Does Chatham House see all lawyers as enablers of kleptocracy? A new report seems to suggest as much, but its recommendations are more conventional.
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A Simple Guide to the Law on Civil Recovery under the Proceeds of Crime Act 2002 (POCA)
Partner John Binns explains the way civil recovery works under the Proceeds of Crime Act 2002 (POCA).
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Petrofac and ‘SOCPA Agreements’: Has the SFO found a way to crack white-collar cases?
BCL’s Shaul Brazil and Tom McNeill examine the SFO’s approach to cooperating suspects.
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A Simple Guide to the Law on Money Laundering under the Proceeds of Crime Act 2002
Partner John Binns explains the way money laundering laws work under the Proceeds of Crime Act 2002 (POCA).
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A simple guide to the law on confiscation and restraint under the Proceeds of Crime Act (2002)
Partner John Binns explains the way confiscation works under the Proceeds of Crime Act 2002 (POCA).
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Umar Azmeh discusses UK post-Brexit sanctions
BCL associate Umar Azmeh gives an overview of sanctions in the UK and the manner in which BCL’s experience can assist clients navigate an ever-evolvin...
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Modern Slavery and Money Laundering: The Duty Most Companies Don’t Know They Have
Do UK companies have a duty to prevent, or report, forced labour or human trafficking? The answer, for now, is ‘not quite’ – but duties in this area a...
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OFSI Annual Review 2020-2021
The Office of Financial Sanctions (OFSI) has published its 2020/2021 annual review, covering the period April 2020 to March 2021. OFSI leads on the im...
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VIDEO: Anoushka Warlow discusses challenging search warrants
BCL associate Anoushka Warlow is interviewed on dealing with raids and the execution of search warrants.
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Failure and Fault: What the NatWest Case Tells Us About Corporate Liability for Money Laundering
NatWest has pleaded guilty to failures under the UK’s money-laundering regulations – but is it right to call this a ‘failure to prevent’ on its part?...
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VIDEO: Richard Reichman discusses what Greenwashing regulations mean for businesses
BCL partner, Richard Reichman is interviewed on why regulators are beginning to take greenwashing seriously and what it could mean for businesses that...
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VIDEO: John Binns discusses financial crime and the Pandora Papers
In the wake of the latest leak of documents about the financial affairs of the rich and powerful, are the issues they disclose primarily about financi...
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Analysis of the whole life order imposed upon Wayne Couzens for the murder of Sarah Everard
Umar Azmeh analyses the whole life order imposed upon Wayne Couzens by Lord Justice Fulford for the murder of Sarah Everard.
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The Criminalisation of Curiosity? Predictive Policing and Young People
Is crime prevention becoming crime prediction? Suzanne Gallagher examines some recent developments in the application of predictive policing technolog...
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Greenwashing claims face CMA enforcement action in the new year
Against the background of the UK’s aim to achieve net carbon neutrality by 2050 and an increasing awareness of climate change and other ESG issues imp...
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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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UK GDPR Reform – buccaneering Britain goads the data protection bear
It was an open secret that the UK government and GDPR made uneasy bedfellows. Back in 2018, Dominic Cummings, Downing Street’s former chief advisor de...
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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
Managing an organisation’s response to a regulatory crisis is a complex process. An important factor to be considered is whether a party can rely on l...
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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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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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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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