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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll