Blog
Press Round-Up: Regulatory and Professional Discipline – May 2026
Jack Garden
4 March 2019
SFO v ENRC: what did the Court of Appeal decide and what does it mean for lawyers?
In September 2018, the Court of Appeal handed down its judgment on ENRC’s appeal against Andrews J’s High Court decision in the case of The Director of the Serious Fraud Office v ENRC. The judgment has been praised for going some way to restore sense and order to the protection of legal professional privilege.
15 January 2019
Tackling illicit finance: lawyers under the spotlight
At the end of last year the National Crime Agency published its annual report on Suspicious Activity Reports (SARs) for 2018. Media reporting (such as in the FT, subscription required), on the annual report has focussed, amongst other things, on the relatively small proportion of SARs made by lawyers. Is this a fair criticism and, if so, what is the reason for it?
27 November 2017
Inferring Advice: A helpful clarification on the extent of privilege
The recent case of Edwardian Group Ltd v Singh [2017] EWHC 2805 (Ch)(“Edwardian Group”) has clarified the extent to which privilege can be claimed over documents in which legal advice is not explicitly stated but can be inferred. At a time when a string of recent authorities have appeared to limit the scope of privilege (Director of the SFO v ENRC [2017] EWHC 1017 and RBS Rights Issue in particular), it is reassuring to see a decision which reinforces the fundamental protection provided by privilege and offers assistance to a party wishing to assert a claim.
18 December 2015
Strengthening accountability in banking: FCA issues final rules for UK branches of foreign banks
With the advent of the Senior Managers and Certification Regimes soon upon us, the Financial Conduct Authority (FCA) has issued a policy statement that sets out the final rules for the application of the new accountability framework for individuals working in the UK branches of overseas banks (incoming branches). Accordingly the position in relation to the application of the Senior Managers Regime (SMR), Certification Regime (CR) and Conduct Rules to incoming branches and their staff is now clear.
6 October 2015
Lessons learned from the first resolution under s7 of the Bribery Act
More than four years since the offence of failure to prevent bribery was introduced through s7 of the Bribery Act 2010, the UK’s first s7 resolution has taken place in Scotland. Following a self-report in June 2015, the Crown Office has agreed a civil recovery order with Brand-Rex Ltd, a company that develops cabling solutions for network infrastructure and industrial applications. The self-report related to an independent installer who had passed on to a customer the benefit of an incentive scheme which was aimed at Brand-Rex’s installers and distributors.