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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

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
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