The following Corporate Crime practice note Produced in partnership with Joanna Dimmock, Tom Hickey and Fred Kelly of White & Case LLP provides comprehensive and up to date legal information covering:
The Financial Conduct Authority (FCA) can conduct interviews in a variety of formats. The type of interview to be conducted is a decision for the FCA (FCA Handbook Enforcement Guide, para 4.11.1). The FCA’s standard practice is to use statutory powers to require the answering of questions in interview. This is for reasons of fairness, transparency and efficiency (FCA Handbook Enforcement Guide, para 4.7.1).
Where the FCA suspects regulatory and/or criminal misconduct, it is not required to designate immediately whether any subsequent proceedings will be criminal or regulatory. The FCA has a discretion to use whatever powers it considers appropriate to perform its statutory function to investigate the alleged misconduct. If there is a possibility that the matter will become a criminal prosecution, the FCA may interview suspects under caution (FCA Handbook Enforcement Guide para 4.11.5).
The usual practice is for a lawyer to accompany an interviewee. If the interview is tape-recorded, the interviewee will be provided with a copy of the tape and, if one is made, a copy of the transcript (FCA Handbook Enforcement Guide, para 4.11.4). Although the FCA is not under an obligation to provide copies of the documents it intends to use at interview, generally the FCA will disclose these documents in advance of any interview it carries out. Any documents provided during the interview which have not
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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