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18 October 2024 / Jonathan Fisher KC
Issue: 8090 / Categories: Opinion , Fraud , Regulatory , Financial services litigation
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Fraud: what next?

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With fraud accounting for 40% of all crime in England & Wales, Jonathan Fisher KC sets out how the new government might tackle it

With fraud estimated to be costing the UK around £130bn each year and constituting approximately 40% of crimes committed in England and Wales, the government will be exploring innovative options to address the problem. A new economic crime plan will probably be published by the Home Office in the coming months.

Corporate fraud

The immediate future in the fight against corporate fraud is not difficult to predict. The new corporate ‘failing to prevent fraud’ offence in the Economic Crime and Corporate Transparency Act 2023 will come into force in the coming months, alongside an expansion of corporate criminal liability where a senior manager commits an economic crime offence within the scope of their actual and apparent authority. The change does not replace or amend the common law identification doctrine, but instead provides a new statutory route to corporate liability for specific offences. As these measures are

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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