As Lord Reed recognised, the appeal before the Supreme Court on the case of BTI 2014 LLC v Sequana S.A. & Others raised questions of considerable importance for company law. The issue was whether the trigger for the directors’ duty to consider creditors is merely a real risk of – as opposed to a profitability […]
Every year, without fail, the government promises to get tough on financial crime. This time round, the latest proposal involves extending the “failure to prevent” model to make firms criminally liable for failing to prevent economic crimes beyond bribery and tax evasion unless they have adequate procedures in place. The model was first introduced by […]
Anna Bradshaw was interviewed by DW News about the EU’s latest package of sanctions against Russia, discussing why sanctions so far have not had the desired effect of crippling the Russian economy so that it would not be able to afford the war in Ukraine. Anna spoke on the continuing development of so-called ‘smart’ sanctions, […]
The role that whistleblowers play in uncovering wrongdoing and misconduct in the public and private sectors has long been recognised as being essential. As such, is there anything else that could be done to protect and encourage anyone who is considering speaking out? In this article for FT Adviser, Neil Swift discusses what protections are […]
The Quincecare duty, which requires financial institutions not to execute customers’ orders if they have been made aware that these are part of a fraud, has gained prominence recently as upcoming legal challenges threaten to increase banks’ responsibilities in the context of increasingly sophisticated fraud. In this article for The Banker, Paul Johnson and David […]
Earlier this week, HM Treasury released proposals that would mean that parts of the crypto sector has to follow rules that currently apply to financial institutions, and would include the Financial Conduct Authority having greater oversight of the sector. Across the Channel, the EU is already making great strides in the competition between jurisdictions to […]
The government has confirmed its intention to bring forward a failure to prevent fraud offence in the Economic Crime and Corporate Transparency Bill, when the latter is debated in the House of Lords. Neil Swift spoke to LexisPSL about the proposal, asking, among others, whether failure to prevent offences, and the underlying policy of making […]
A host of third parties, including charities and private individuals, has asked the UK government to add around 1,000 names to its sanctions regime, Bloomberg reports. The Foreign Office received 37 such requests between February 2022, when Russia invaded Ukraine, to June 2022, the department revealed last week after a freedom of information request. However, […]
The Supreme Court will hear the appeal of Republic of Mozambique (acting through its Attorney General) (Appellant) v Privinvest Shipbuilding SAL (Holding) and Others (Respondents) (2021/0085) from 24 to 25 January 2023. The appeal arises out of ongoing litigation before the Commercial Court in which Peters & Peters has acted for the Republic of Mozambique […]
The recent spectacular collapse of the FTX exchange has made questions in respect of crypto regulation in the UK (and elsewhere) more pressing. While the government had previously approached the topic with caution, these recent events have contributed to a noticeable shift in gear, including the introduction of a bill bill to bring certain cryptoassets […]
