Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
21 December 2017
Immigration enforcement extended to the criminal courts
Recently, the Criminal Procedure (Amendment No. 4) Rules 2017 came into force. The rules amend the Criminal Procedure Rules 2015 to impose an obligation upon the criminal courts to require defendants to state their name, date of birth and nationality at the first hearing at which they appear in court, either in writing or orally. The rules also give the courts discretion to require that information again at any subsequent hearing. Failure on the part of the defendant to comply without ‘reasonable excuse’ now constitutes a criminal offence, punishable by a period of imprisonment not exceeding 51 weeks or a fine of an unspecified amount.
15 December 2017
Rape case collapses due to egregious non-disclosure: shocking but not in the least surprising
The publicity being given today to the troubling case of Liam Allan - the young man acquitted of rape following mismanaged disclosure - is to be celebrated. It is, however, by no means an isolated case: lawyers who act for defendants facing criminal charges (particularly in cases involving sexual offences or those arising from relationship break-ups) have long been concerned at the disinterest shown by the police and prosecution in properly considering mobile phone and social media material.
15 December 2017
FCA fine AIM-listed company for failure to disclose inside information in line with Market Abuse Regulations
The Financial Conduct Authority (FCA) published a Final Notice against Tejoori Limited (Tejoori), fining them £70,000 for failing to inform the market of inside information as required by Article 17(1) of the Market Abuse Regulation.
28 November 2017
Sanctions and AML: first #BREXIT bill makes its way through Parliament
With all eyes focused on the EU Withdrawal Bill, the Sanctions and Anti-Money Laundering Bill (“the Bill”) is making its way through the Houses of Parliament with very little attention. This is somewhat surprising given that it is the first of the so-called “Brexit bills” to appear.
The Bill reached the House of Lords for its first reading on 18 October 2017. The next phase is for a line by line examination of the Bill, at committee stage – which begins on 21 November.
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.
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