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NEWS
This week's edition of Corporate Crime weekly highlights includes analysis of the key corporate crime and FCA enforcement cases from 2024 as well as what to watch out for in 2025, of businesses playing a key role in fighting fraud in 2025 and of the FCA’s commitment against non-financial misconduct with a promise of new guidance in 2025. Also included is news of newly released guidance from DBT and OTSI on combatting trends related to circumventing Russian sanctions, of the UN General Assembly adopting the UN Convention against Cybercrime after five years of negotiations and of the EA launching a consultation on proposed changes to their enforcement and sanctions policy. All this, and more, in this week’s Corporate Crime highlights.
NEWS
This week's edition of Corporate Crime weekly highlights includes news of a new Practice Direction establishing a national criminal court listing framework and updated live links guidance for criminal courts, both coming into force on 1 October 2026, Defra and the Environment Agency’s announcement of a new civil penalties framework increasing enforcement exposure for water companies, the HSE’s first prohibition notice issued against an occupational health service provider for inadequate health surveillance, and that the Criminal Procedure (Amendment) (No 2) Rules 2026 have been published. All this, and more, in this week’s Corporate Crime highlights.
NEWS
This week's edition of Corporate Crime weekly highlights includes analysis of the Serious Fraud Office’s (SFO) Strategy for 2024–2029, of a recent case on the duty of candour in requests for mutual legal assistance following challenges to search warrants applied for by HM Revenue and Customs (HMRC), of Jonathan Fisher KC’s preliminary findings of his independent review of Disclosure and Fraud offences, as well as analysis of the Economic Crime Manifesto launched by the APPGs on Anti-Corruption and Responsible Tax and on Fair Business Banking. Also included is news of the updated Enforcement and Monetary Penalties guidance from the Office of Financial Sanctions Implementation (OFSI), of a £1.2m fine for a recycling company for health and safety offences and of the publication of the HM Crown Prosecution Service Inspectorate’s (HMCPSI) report assessing the SFO’s disclosure capabilities. All this, and more, in this week’s Corporate Crime highlights.
NEWS
This week's edition of Corporate Crime weekly highlights includes analysis of the ‘Hillsborough Law’ Bill and of the conclusion of the SFO’s review of the safety of convictions following a the Supreme Court’s ruling in R v Hayes; R v Palombo. Also included is news of the Criminal Procedure Rules 2025 coming into force, of an upcoming comprehensive inspection of the CCRC's casework system, of updated guidance on information sharing measures under ECCTA 2023, and of a railway company fined £1m for health and safety breaches. All this, and more, in this week’s Corporate Crime highlights.
PRACTICE NOTES
This new starter guide provides an introduction to the type of work which corporate crime lawyers practice. It is aimed at trainee solicitors and those who are new to white collar crime, corporate crime, business crime or regulatory crime as a practice area. It highlights the key stages of criminal investigations and prosecutions in which corporate crime lawyers typically become involved as well as introducing the main areas of law and key offences which typically fall within corporate crime areas of practice. It also provides links to other sources and materials which provide more comprehensive information on the topics covered. Where something is not covered by this basic guide, use the Corporate Crime Topics tab on the homepage for further practice area content. What is corporate crime and what do corporate crime lawyers do? The practice of a corporate crime lawyer can be very broad. Their focus is on the criminal and regulatory offences that can be committed by a corporate entity or organisation, its directors, senior managers or employees, and offences relating to the conduct
PRACTICE NOTES
The following Corporate Crime resources, providing useful practical commentary, legislation, rules and guidance for Corporate Crime lawyers, whether in private practice or in-house, are available in Lexis+® UK. They are referenced and linked to in the Corporate Crime content in Lexis+® UK. Please note, however, the titles listed can only be accessed with the relevant Lexis+® UK subscription(s). Investigating criminal conduct Title Summary Who should use this resource? Part D Procedure: Blackstone's Criminal Practice [D1.1] Blackstone's Criminal Practice brings together an expert team of authors with a commitment to deliver a work which offers the right coverage for criminal practice and authoritative statements of the law in a practical and accessible format. It is complemented by an accompanying supplement containing essential primary materials and commentary updates throughout the year. All lawyers advising on criminal investigations in England and Wales. Police and Investigatory Powers: Halsbury’s Laws of England [1] Halsbury's Laws of England provides the only comprehensive narrative statement of the law of England and Wales, covering every proposition of English law. The product is divided into
PRACTICE NOTES
The Corporate Insolvency and Governance Act 2020 (CIGA 2020) was introduced as part of the government’s response to the economic impact of the coronavirus (COVID-19) pandemic. Among other reforms, CIGA 2020 inserted new provisions into the Insolvency Act 1986 (IA 1986), that are intended to ensure the continuity of supplies to businesses which are in financial difficulties and struggling to pay the supplier, and to restrict the operation of certain contractual rights in contracts for the sale and supply of goods upon insolvency. CIGA 2020 has significant implications for the construction industry. The provisions likely to impact parties to construction contracts are the restrictions on a supplier’s right to terminate or to do ‘any other thing’ where the customer is insolvent, as provided by IA 1986, s 233B (which was introduced by CIGA 2020, s 14). In the construction context, the customer for the purposes of the CIGA 2020 provisions will be the employer under a main contract or a consultant’s appointment, or, in sub-contracts,
PRACTICE NOTES
This Practice Note provides a map of the financial services exemptions from the provisions for moratorium and restrictions on ipso facto clauses which were inserted by the Corporate Insolvency and Governance Act 2020 (CIGA 2020) into the Insolvency Act 1986 (IA 1986). For general information on CIGA 2020 and links to further materials, see News Analysis: Corporate Insolvency and Governance Act 2020. Moratorium CIGA 2020 inserts a new Part A1 into IA 1986 which provides for a new insolvency process whereby directors of insolvent companies, or companies that are likely to become insolvent, can obtain a 20 business day moratorium period. This is designed to allow viable businesses time to restructure or seek new investment free from creditor action. The moratorium is overseen by an insolvency practitioner acting as a ‘monitor’, although the directors will remain in charge of running the business on a day-to-day basis (known as a ‘debtor-in-possession’ process, with the company being the ‘debtor’) subject to certain constraints. The
NEWS
Restructuring & Insolvency analysis: This news analysis provides an in-depth consideration of the changes to termination clauses introduced by the Corporate Insolvency and Governance Act 2020. It is based on a webinar given for the PRIME Finance on 27 July 2020. Written by Philip Wood CBE, QC (Hon)*.
CHECKLISTS
This Checklist of resources sets out some of the considerations when drafting, reviewing and negotiating commercial contracts to reflect the restrictions on ipso facto provisions introduced by the Corporate Insolvency and Governance Act 2020 (CIGA 2020). Corporate Insolvency and Governance Act 2020—the impact for commercial lawyers CIGA 2020 introduced reforms to the Insolvency Act 1986 (IA 1986) including provisions to ensure the continuity of essential supplies and restrict contractual termination provisions on insolvency (so-called ‘ipso facto’ clauses). The provisions that are of most relevance to general commercial practitioners when drafting and negotiating contracts are: • contractual rights to terminate for an insolvency event, or do any other thing as a result of a customer’s insolvency (so-called ‘ipso facto’ clauses) in contracts for the supply of goods and services are no longer effective • the introduction of a company moratorium available to eligible companies to allow companies to formulate restructuring proposals without creditor pressure • the introduction of a restructuring plan, being a formal process to enable companies to cram down dissenting creditors The changes
CHECKLISTS
This Checklist of resources sets out some of the considerations when drafting, reviewing and negotiating construction contracts in the light of the Corporate Insolvency and Governance Act 2020 (CIGA 2020). Corporate Insolvency and Governance Act 2020—the impact for construction lawyers The Corporate Insolvency and Governance Bill received Royal Assent on 25 June 2020 resulting in CIGA 2020. Among other reforms to insolvency law, CIGA 2020 introduced new provisions into the Insolvency Act 1986 (IA 1986) to ensure the continuity of essential supplies and restrict contractual termination provisions on insolvency (so-called ‘ipso facto’ clauses). The effect that will be of most relevance to construction practitioners when drafting and negotiating contracts is that a contractual right to terminate for an insolvency event, or to do ‘any other thing’ as a result of a customer’s insolvency in contracts for the supply of goods and services, will no longer be effective. In the construction context, the customer will be the party ‘up the line’, ie the employer under a main contract or a consultant’s appointment, or the main contractor under a
PRACTICE NOTES
Background to the Corporate Insolvency and Governance Act 2020 (CIGA 2020) Spurred on by the coronavirus (COVID-19) pandemic and a desire to mitigate the effect on businesses of the government-imposed lockdown, the Corporate Insolvency and Governance Bill received Royal Assent on 25 June 2020 resulting in the CIGA 2020. This followed the government’s previous consultation on proposed changes to the UK’s insolvency regime in 2016, its response to which was published on 26 August 2018 (see News Analysis: Exploring the government’s response to the insolvency and corporate governance consultation). Among the reforms, the CIGA 2020 introduced new provisions into the Insolvency Act 1986 (IA 1986) to ensure the continuity of essential supplies and restrict contractual termination provisions on insolvency (so-called ‘ipso facto’ clauses). For an overview of the CIGA 2020, see News Analysis: Corporate Insolvency and Governance Act 2020. What are ipso facto clauses? When a company is subject to an insolvency procedure, creditors often seek to improve their position by threatening to terminate their supply of goods or