BCL’s Shaul Brazil joins Editorial Board Member, Melissa Stock, in the IBA’s first Business Law International podcast to analyse the UK’s Economic Crime and Corporate Transparency Act, which became law in October 2023. The panel discuss the background to the legislation and its implications, including in respect of the new failure to prevent offence and changes to corporate criminal liability.

Listen to the full podcast here.

The number of corporate scalps amassed by US regulators, driven by controversial ‘plea deals’, is envied by other jurisdictions. BCL’s Tom McNeill gives his expert opinion on deferred prosecution agreements in this article for The Law Society Gazette.

In reality, notes BCL partner Tom McNeill, any DPA is likely to be based on imperfect information. In concluding a deal for commercial reasons, the agreed facts on which it is based, he says, may be ‘wrong’. This can in turn result in individuals being hung out to dry, guilty people walking away or a company pleading guilty where no one has committed an offence.

At present ‘people are just drowning in data’, says Milford. ‘Disclosure makes a dog’s dinner of every case and adds years to investigations,’ adds McNeill. He argues that the ‘obvious solution’ is to follow the US model and give the defence access to the documents.

This article was first published by The Law Society Gazette on 15 January 2024 and can be seen here.