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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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