Insights

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 regime related to confiscation orders in England and Wales; a draft bill to implement those recommendations is reportedly imminent. BCL partner, John Binns analyses the report’s background, its recommendations and the possible implications for criminal investigations in the future.

 

“Broadly speaking, its suggestions are practical and sensible in connection with the broader procedural aspects of the regime, but less so in connection with the substance of how the values of such orders are calculated.”

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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 what the judgment tell us about how others’ designations could now be scrutinised.

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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 the light of the maturity and understanding of business in managing such risks.[1] What does such an intention mean for organisations with mature health and safety systems which have conscientiously sought to ensure safety, if they experience a serious accident?

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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 internal investigation, self-disclosure to enforcement authorities, investigation process, confidentiality and attorney-client privileges – in England and Wales for International Comparative Legal Guide to Corporate Investigations2023.

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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 and Greta Barkle have co-authored the chapter ‘Individuals in Cross-Border Investigations or Proceedings’ in the seventh edition of Global Investigations Review: Practitioner’s Guide to Global Investigations.

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