Quincecare: a duy to protect customers from themselves?

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Established 35 years ago in the case of Quincecare v Barclays Bank, the Quincecare duty requires, in short, that banks and other financial institutions refrain from executing their customers’ orders if they are put on notice that those orders are part of a fraud on the customers. Since then, the Quincecare duty mostly spent its […]

Russia sanctions backlash as billionaire launches challenge

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A few weeks ago, Eugene Shvidler, a billionaire who has been associated with Russian oligarch Roman Abramovich, launched the first legal challenge to reach the London courts to the UK’s Russian sanctions regime. Shvidler is arguing that the Foreign Office made “significant errors” in deciding to freeze his assets. He also challenges that he is […]

Premier League v Manchester City case – what do ‘good faith’ obligations really mean?

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The alleged breaches by Manchester City FC of many Premier League Rules have attracted a lot of commentary in recent months and resulted in calls for a new examination of what the principle of ‘good faith’ engagement with the Premier League really means for football clubs, as well as the obligation to co-operate with, and […]

Government tables failure to prevent fraud offence amendment to ECCT Bill

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Last week, the Home Office tabled an amendment to the Economic Crime and Corporate Transparency Bill, setting out a failure to prevent fraud offence. According to the Home Office, this new offence is meant to “make it easier to prosecute a large organisation if an employee commits fraud for the organisation’s benefit” and “allow prosecutors […]

Event: Are sanctions on Russia working? Breakfast discussion with Michael O’Kane and Anna Bradshaw

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Sanctions are one of the leading global issues of our time and, as part of LIDW23, we are co-hosting a breakfast discussion with Global Legal Group, at which leading practitioners will share their thoughts on listings, their impact, enforcement and compliance. They will survey the fast-changing terrain and give much-needed clarity in this complex area. […]

Skatteforvaltningen saga: why it’s best to ditch the ‘kitchen sink’ approach to litigation

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The Skatteforvaltningen (the Danish Customs and Tax Administration) (SKAT) litigation, by which the Danish tax authorities have been pursuing very extensive claims of alleged tax fraud, is one of the most significant currently before the English court. It has produced scores of judgments of varying usefulness to those engaged in more constrained proceedings. Notwithstanding the […]

Peters & Peters’ client acquitted on six counts

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Our client, a young man from a wealthy and prominent overseas family, was found not guilty of all charges against him following a two-week trial at Southwark Crown Court in February 2023. Accusations made by his former girlfriend had resulted in a six-count indictment, including allegations of sexual assault, false imprisonment and rape. He was […]

Abramovich’s billionaire ally takes on UK in sanctions challenge

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Eugene Shvidler, a billionaire who has been associated with oligarch Roman Abramovich, has launched the first challenge to the UK’s Russian sanctions regime in a London court. Peters & Peters, which represents Shvidler, filed the claim last month, arguing that the UK had made “significant errors” in assessing his relationship with Abramovich. Michael O’Kane told […]

Time to whistle another tune?

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The UK’s approach to whistleblowing needs reforming. Currently, the Public Interest Disclosure Act 1998 (PIDA) offers the only legislative “protection” for those reporting wrongdoing. However, this is limited to employment situations, such as speaking out against an employer, and offers no protection to those raising concerns about clients, suppliers, contractors and other parties. Self-employed workers […]

Synesis: High Court dismisses first de-listing case under the UK’s sanctions regime

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On 14 March 2023, Mr Justice Jay handed down judgment in LLC Synesis v Secretary of State for Foreign, Commonwealth and Development Affairs [2023] EWHC 541 (Admin). The case is the first to come before the UK courts under the Court Review provision under section 38 of the Sanctions and Anti-Money Laundering Act 2018 (SAMLA). […]