header-logo header-logo

25 November 2016 / Robin Barclay
Issue: 7724 / Categories: Features , Criminal , Commercial
printer mail-detail

The new normal

nlj_7724_barclay

A fresh legal paradigm has emerged in which criminal, regulatory & civil liabilities elide says Robin Barclay

  • Multi-jurisdictional, multi-party and multi-liability fraud cases represent the new normal.
  • A fresh legal paradigm has emerged in which criminal, regulatory and civil liabilities elide.

Commercial fraud is a broad and complex topic involving all areas of commercial life and many areas of law. With multi-jurisdictional, multi-party and multi-liability fraud cases representing the new normal for today’s business community, a fresh legal paradigm has emerged in which criminal, regulatory and civil liabilities elide. This article explores how the substantive rules in English criminal, regulatory and civil fraud have come to mesh with one another to form a unitary whole and why practitioners and clients alike are seeing a rapid need to find more holistic interlocking solutions to the questions these cases raise.

Criminal fraud: liability & punishment

Fraud prejudicial to the community is a crime according to different statutes and at common law. In the case of an individual it is punishable by imprisonment or non-custodial sentences

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll