Political and public pressures continue to drive significant changes in the approach to criminal corporate enforcement throughout the world. The UK has proved no exception and in September 2017 the Criminal Finances Act 2017 created another strict liability criminal offence for businesses, for failing to prevent facilitation of UK or foreign tax evasion.
For 35 years the standard test for dishonesty in criminal trials has been that set out by the Court of Appeal in R v Ghosh. But last month, the Supreme Court overturned this authority in obiter comments in the judgment of Ivey v Genting Casinos. We examine the reasoning behind this decision and its likely …
Continue reading “White-collar crime: law on dishonesty re-written”
In the landmark decision of Toufik Lounes v Secretary of State for the Home Department (C‑165/16), the European Court of Justice (ECJ) has held that an EEA national who exercises free movement in another member state, and who later naturalises in that country and retains their original nationality, continues to enjoy the rights afforded under …
Continue reading “Landmark ECJ decision for derived right of residence for EEA family members”
On 7 November 2017, the UK government provided the European Commission with a ‘technical document’ with the aim of further clarifying its proposals in respect of post-Brexit citizenship rights. The note aims to offer reassurance to EU citizens and their family members by setting out further details of how a new ‘settled status’ scheme will operate …
The recent Government policy document leaked and published by The Guardian newspaper has given an indication of the post-Brexit immigration strategy. Despite not representing formal policy, given its unofficial status and the fact that the Government has yet to hear views from numerous stakeholders including the Migration Advisory Committee (MAC), current Government thinking is represented …
Rights holders continue to have an ongoing battle against technological developments that facilitate free access to their content. The battles have taken many forms over the years since the creation of the printing press, recording TV and radio to VHS and cassettes respectively all the way through to the music industry’s fight against Napster.
In recent times, we have seen the introduction of the concept of ‘cashless’ ways to pay for goods and services, offering more convenience and security benefits than traditional payment methods. There are e-wallets, retail-based digital reward exchanges, there is direct carrier billing, and there is even the ability to pre-load cash onto mobiles, wristbands and …
Continue reading “Regulation of e-payments in the UAE as businesses cash-in on cash-less solutions”
Picture the scene. Your trusted external law firm advised that you have a strong claim, likely to yield a significant financial upside for your business. The budget to run the claim is £2m, including adverse costs risk, but subject to possible change. The firm cannot agree to a fixed fee. They also advise that your …
Continue reading “How to make your CFO happy – transforming litigation from liability to asset”
If you are a chief executive, finance director or general counsel, you might have some set ideas about how lawyers charge for their work. You might also think your business has a good claim, but are reluctant to pursue it. Whether it is a lack of resource – both human and financial – or a …
Continue reading “Disrupting legal markets – can you get your lawyer to think again about fees?”
Corporate clients are of course no strangers to litigation. Listening to in-house counsel talk about how they approach litigation, they will often regard it as an inevitable, if undesirable, by-product of doing business. When it arises out of their core business activity, and particularly for large organisations – banks and insurance companies, for instance – …
Continue reading “Taking advantage of group litigation offerings”