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12 December 2025
Issue: 8143 / Categories: Legal News , Fraud , Financial services litigation , Procedure & practice
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NLJ this week: Supreme Court resets the rules on complex fraud trials

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Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week

The court condemned the ‘essential error’ of instructing juries on how to interpret definitions such as Libor, holding that interpretation was a matter of fact, not law, unless the document created legal obligations. But Cohen-Lask warns that this binary distinction may create practical confusion: Euribor fell within contractual obligations, while Libor did not, giving rise to inconsistent permissible directions.

With juries left to assess dishonesty in markets far outside ordinary experience, she suggests the decision may unintentionally widen jury discretion.

As the article notes, proposals to remove juries from complex fraud trials entirely now raise the stakes further, highlighting the fragility of judicial guidance in financial crime.

MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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