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22 June 2017
Issue: 7751 / Categories: Bar Council , Legal News
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Barclays fraud charges

The Serious Fraud Office’s decision to bring fraud charges against Barclays and four former executives including former chief executive John Varley raises questions, lawyers say.

The charges concern the bank’s fundraising arrangements with Qatari sovereign wealth funds during the 2008 financial crisis.

Simon Hart, partner, of RPC’s banking litigation team comments: ‘The SFO’s case is that Barclays and the individuals charged falsely represented the true position with regard to the terms of the Qataris involvement in the fund raisings. Shareholders who subscribed for shares and suffered losses as a result of any deliberately misleading information or omissions deserve redress.’

Raj Chada, solicitor at Hodge Jones & Allen, said: ‘The irony here is that this prosecution has nothing to do with behaviour that caused the crash but related instead to the terms of a bail out. Even more strange is that Barclays have found themselves in this mess as they eschewed a UK government bailout and went to Qatar instead. No doubt questions will be asked about whether a deferred prosecution agreement could have been considered in this case rather than starting a prosecution.’

Issue: 7751 / Categories: Bar Council , Legal News
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NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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