Failure to prevent fraud: what is the risk to overseas companies?
Lucy Davies
December 19, 2024
Last month, the government released guidance on the new corporate criminal offence of failure to prevent (FTP) fraud. In the first of a series of related articles, we analysed what companies and their advisers need to know about this significant development. In the second instalment, we explained how ESG fraud is likely to be a key […]
Commercial court refuses permission to appeal in Republic of Mozambique litigation, orders Privinvest Group to pay £20 million to continue stay of enforcement
Lucy Davies
December 10, 2024
Mr Justice Robin Knowles CBE has today refused to grant permission to appeal to the Privinvest Group following his judgment on the merits in the Republic of Mozambique litigation dated 29 July 2024. By his further judgment handed down today, Tuesday 10 December 2024, the judge also required that the Privinvest Defendants pay £20 million […]
Relief from Sanctions: The forewarning of a merits-based escape
Lucy Davies
December 4, 2024
Few words strike fear into the hearts of litigators more than reference to “the Denton principles’. These are the principles which the English court applies when considering an application for relief from sanctions. In other words, the yardstick against which petitions for leniency are measured when there has been a breach of the procedural rules. […]
Failure to prevent fraud: key insights from Nick Vamos on A Lawyer Talks
Cassandra Bozikovic
December 3, 2024
The new offence of failure to prevent fraud comes into force on 1 September 2025 and the Serious Fraud Office (SFO) has warned that “time is running short for corporations to get their house in order or face criminal investigation”. The offence puts the responsibility onto companies to take steps to prevent the commission of […]
CPS offers no evidence following abuse of process application
Cassandra Bozikovic
November 27, 2024
The Crown Prosecution Service (CPS) has offered no evidence against Peters & Peters’ client – a high-net-worth businessman – following an application to stay the case as an abuse of process. Arising out of a family dispute, our client, along with three others, was alleged to have committed a robbery in 2020. The allegation had […]
New government guidance shows regulators are laser focused on ESG fraud
Cassandra Bozikovic
November 27, 2024
Earlier this month, the government released guidance on the new corporate criminal offence of failure to prevent (FTP) fraud. In the first of a series of four articles, we analysed what companies and their advisers need to know about this significant development. In this second instalment, we explain how ESG fraud is likely to be […]
Wrongful trading and misfeasant trading – lessons from BHS
Brian McDonald
November 22, 2024
Seeking permission to act as a company director after disqualification
Brian McDonald
November 22, 2024
Fleeing bankruptcy petitions across borders
Brian McDonald
November 22, 2024
Will the UNCITRAL Model Law undermine the rule in Gibbs?
Brian McDonald
November 22, 2024