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08 March 2024
Issue: 8062 / Categories: Legal News , Commercial , Fraud , Criminal
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NLJ this week: It’s ambitious, but will it be effective? Analysing ECCTA 2023

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Performative law-making or a driver for real change? The Economic Crime and Corporate Transparency Act 2023 is dissected and examined in this week’s NLJ by Tom Forster KC and Katie Bacon

Forster and Bacon, both of Red Lion Chambers, take an in-depth look at the ‘ambitious’ Act, which extends criminal liability for corporates and creates a ‘failure to prevent’ fraud duty for large organisations, and much more. They set out the background to the Act, discuss its scope and consider how effective it will be in practice. Fraud is a major issue, accounting for about 60% of crime, according to the Office for National Statistics. The National Crime Agency has estimated more than £100bn may be being laundered through the UK every year.

Will the Act work? More resources may be needed. Forster and Bacon assert the Act’s measures ‘represent powerful tools’ but call for the investigative and prosecution agencies to be properly resourced ‘so as to provide a clear and credible enforcement threat’.

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
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