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05 August 2022 / Ceri Morgan
Issue: 7990 / Categories: Features , Profession , Fraud
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Clarity ahead for securities litigation?

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The Autonomy judgment & the lessons lawyers can learn from ‘fraud on a grand scale’, by Ceri Morgan
  • The courts have witnessed a significant growth in securities fraud claims in recent years. However, most of these cases have settled before trial, with the result that court guidance on the relevant legal principles remains sparse.
  • The recent High Court recently handed down the first trial judgment and analysis in the Autonomy case will be relevant to securities claims under s 90A/Sch 10A of the Financial Services and Markets Act 2000.

Over the past ten years, securities litigation in England and Wales has been gathering momentum. And while shareholder claims against listed companies in this jurisdiction do not rival the litigious markets of the US and Australia, there has been significant growth in this area, with the courts of England and Wales becoming an important stage for securities class actions around the globe.

The Autonomy judgment

A number of high-profile securities fraud claims have been brought by groups of shareholders

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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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