36 results
Extradition proceedings in the UK post-Brexit: the new normal
On Christmas Eve 2020, the UK and EU announced and published the text of the EU-UK Trade and Cooperation Agreement, following the UK’s exit from the European Union. James Lloyd looks at the deal’s provisions for extradition arrangements between the remaining 27 EU member states and the UK, and some more...
Extradition proceedings in the UK post-Brexit: unwarranted concern?
UPDATE (January 2021): On Christmas Eve 2020, the UK and EU announced and published the text of the EU-UK Trade and Cooperation Agreement. The Agreement marks a material change from the extradition landscape envisaged in the below, first published in November 2020. For further details of the more...
Latest Court of Appeal guidance on Unexplained Wealth Orders
The team at Scarmans consisting of Queen’s Counsel, Barristers and Solicitors regularly represents individuals targeted by the NCA in civil, criminal and tax litigation and so are well-placed to protect their client’s interests. In this analysis, Barry Smith, Associate, explains the latest judgment more...
A Guide to Directors Disqualification Proceedings in England and Wales
Company Directors are at risk of being disqualified under the Company Directors Disqualification Act 1986 from holding office following investigations which may take place if their company becomes insolvent or there is other alleged wrongdoing. This short guide is intended to help company directors more...
New European authority on tax compliance
Glencore Agriculture Hungary v Nemzeti Ado- es Vamhivatal Fellebbviteli Igazgatosaga For individuals and directors of businesses involved in certain types of trading, ensuring that your supply chain is free of tax evasion is important to comply with your regulatory duties. In some circumstances, an more...
Admissibility of HMRC civil investigations in criminal investigations
It is not uncommon for businesses and individuals to be subject to inspections by HMRC of trading records during which informal interviews may be carried out by visiting officers. This is perfectly proper under the civil powers of HMRC to seize and inspect material which may be relevant to a civil more...
New Authority on Freezing Orders
On 19.11.19 the Court of Appeal delivered judgement in the case of Vneshprobank LLC v Georgy Ivanovich Bedzhamov and others [2019] EWCA Civ 1992 which has set out the key principles to be applied when an individual who is subject to a freezing order applies for reasonable living expenses to be more...
Cash Forfeiture and the Proceeds of Crime Act 2002
Cash forfeiture is the process whereby money that has been seized by authorised individuals, such as the police or financial investigators, can be forfeited to the state following a hearing in the Magistrates’ Court under Part 5 of the Proceeds of Crime Act 2002. Other agencies which utilise these more...
30 Apr 2019 14:36
PBS Energo AS v Bester Generacion UK Limited [2019] EWHC 996 (TCC)Background Bester and PBS were parties to a sub-contract for the engineering, procurement, construction and commissioning of a bio-mass fired energy plant in Wrexham. Disputes later arose between the parties and the parties’ respective claims were then referred to Mr Tolson for adjudication. During more...
19 Feb 2019 14:44
SFO Investigation into Unaoil (Ongoing)Mark Aldred is instructed to represent an individual in relation to the SFO bribery and corruption investigation of Unaoil. The investigation is a global investigation in to the business dealings of Unaoil and its relationships with companies including Rolls Royce, Halliburton, ABB and the Southern more...
14 Feb 2019 15:14
The Unexplained Wealth Order's Little Brother - Account Freezing and Forfeiture OrdersAndrew Gilmore and Sophie Adams review the lesser publicised Account Freezing and Forfeiture Orders (‘AFFOs’) While the Unexplained Wealth Order (‘UWO’) has entered English law with much fanfare and publicity, the Criminal Finances Act 2017 also introduced other, less well-known provisions into the more...
13 Feb 2019 09:08
Legal professional privilege, corporate corruption and compliance: The ENRC appealThis article was originally published in Leeds & Yorkshire Lawyer: The Official Journal of Leeds Law Society December 2018 edition, Issue 155. Last September, the Court of Appeal handed down judgment in The Director of the Serious Fraud Office v Eurasian Natural Resources Company (“ENRC”) [2018] more...
8 Feb 2019 09:34
Unexplained Wealth Orders - only for the ultra-wealthy?UWOs – only billionaires at risk? The media attention that UWOs have attracted has provided seemingly endless sensationalist headlines and tales of extravagant spending in the press. The case of Zamira Hajiyeva, the first recipient of such an order, has perhaps given the perception to the public more...
7 Feb 2019 14:58
Unexplained Wealth Orders: The Good, The Bad and the UnexplainedUnexplained Wealth Orders (‘UWOs’) came into force on 31 January 2018 (with some fanfare in legal circles and parts of the media), via the Criminal Finances Act 2017, which substantially amended Part 8 of the Proceeds of Crime Act 2002 (POCA). The aim of the legislation is to provide an anti-money more...
6 Feb 2019 12:13
Serious Fraud Office prosecutions – trials of fraudAndrew Gilmore reviews the Serious Fraud Office’s Tesco and Barclays prosecutions and looks ahead over what might be a difficult year for the organisation. In early December 2018, the high-profile trial of two former senior Tesco executives over the company’s £250m accounting scandal collapsed after more...
6 Feb 2019 12:12
Aggressive Negotiation or Blackmail?Negotiations can be hard fought, with each party using whatever advantage is at their disposal to obtain the most favourable outcome they can. Such tough negotiation is all well and good as long as the actions of the parties, and the manner in which any “leverage” is used, does not stray over the more...
6 Feb 2019 08:48
3PB criminal barristers act in £3m tax fraud trial3PB Barrister Tim Bradbury leading Tom Evans successfully prosecuted four Defendants who had engaged in a sequence of ‘phoenix frauds’ cheating the public revenue of more than £3.2 million over a period of 10 years. Between them, the Hashtroudi Brothers received a total of 14 years imprisonment. 3PB more...
25 Jan 2019 14:09
SFO v Barclays: five members of Chambers in landmark caseThe trial of four former Barclays executives charged with fraud began on Wednesday. Described by the BBC as “a unique legal landmark”, this is the only time in the UK that any senior bank executive has been criminally prosecuted as a result of the 2008 financial crisis. Edward Brown QC opened the more...
18 Jan 2019 15:42
LAWFUL TO PROVIDE MUTUAL LEGAL ASSISTANCE FOR THE CRIMINAL INVESTIGATION INTO ‘THE BEATLES’ WITHOUT DEATH PENALTY ASSURANCESR (El Gizouli) v Secretary of State for the Home Department [2019] EWHC 60 (Admin) Related Member(s): Richard Hermer QC, Edward Craven Related Practice Area(s): Extradition and Mutual Assistance, Human Rights, Public and Private International Law Court: Queen's Bench Division (Divisional Court) more...
15 Jan 2019 09:12
Sean Larkin QC and Philip McGhee appear in Euribor TrialThe prosecution is brought by the Serious Fraud Office and concerns the alleged manipulation of the Euribor rate. The trial began today at the Southwark Crown Court at Southwark before HHJ Gledhill QC. Sean Larkin is leading counsel for Carlo Palombo, a Euro swaps trader at Barclays bank. Philip more...
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