19 February 2018

Litigation privilege: the Court of Appeal endorses ENRC

In another recent case relating to the circumstances required to successfully establish a claim to litigation privilege (see Philip Salvesen’s blog on the case of Bilta & Ors v RBS & Anor [2017] EWHC 3535 (Ch), the Court of Appeal (Criminal Division) has followed the approach adopted in SFO v ENRC [2017] 1 WLR 4205 in ruling that a statement made by an employee to his company’s solicitors as part of their investigation into a death at work was not covered by privilege.

Will Hayes

14 February 2018

What you need to know about Unexplained Wealth Orders

Unexplained Wealth Orders (UWOs), first ratified in the Criminal Finances Act of April last year, are now in force meaning UK law enforcement agencies have a new tool at their disposal to help fight organised crime.  Media reports have cited 'fishy millionaires', the wealth of corrupt overseas politicians and the properties of oligarchs as the intended targets.  In practice however UWOs can be applied to any asset over £50,000 where there are reasonable grounds for suspecting dirty money is involved. Accountants, tax advisers and private wealth managers therefore need to understand how UWOs work and why their clients, innocent or otherwise, might be at risk.

5 February 2018

Bitcoin and cryptocurrencies – regulation on the horizon to combat cyber-crime?

The Treasury has indicated that it is planning on regulating bitcoin, in an attempt to bring some order to the Wild West that is cryptocurrencies. What would regulation of Bitcoin achieve?

Jill Lorimer

24 July 2017

Privilege, Confidentiality and the Challenge of Modern Technology

The question of when, and in what circumstances, a document capable of enjoying the protection of legal professional privilege will be said to have lost its confidentiality such that privilege cannot apply has arisen in two cases in separate jurisdictions in recent weeks.

Will Hayes

20 June 2017

Private prosecutions – What should victims do when the traditional law enforcement agencies fail to act?

Seven former employees of Autofocus, a company which provided expert evidence on the cost of replacement hire cars for motorists involved in road traffic accidents, have been found guilty of perjury and jailed. 

Melinka Berridge

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