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25 November 2016 / Robin Barclay
Issue: 7724 / Categories: Features , Criminal , Commercial
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The new normal

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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

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
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