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NLJ this week: The Barclays misdiagnosis & its impact on future SFO cases

12 April 2024
Issue: 8066 / Categories: Legal News , Company , Criminal
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An important misconception about the drivers behind the identification principle in the Economic Crime and Corporate Transparency Act 2023 is highlighted by Maia Cohen-Lask, partner, Corker Binning, in this week’s NLJ

Cohen-Lask notes that Serious Fraud Office v Barclays plc and another [2018] EWHC 3055 (QB), [2018] All ER (D) 186 (Nov), a major case where criminal liability could not, ultimately, be attributed to the directors, is ‘frequently cited as the leading driver for legislative change’. She explains why this view is based on a misdiagnosis, and why it’s important to understand this if future Serious Fraud Office prosecutions are to succeed.

Cohen-Lask writes: ‘All of this rhetoric obscures an important point: that the new senior manager route to corporate criminal liability would not, in fact, have led to a different outcome in Barclays.’

Issue: 8066 / Categories: Legal News , Company , Criminal
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MOVERS & SHAKERS

Charles Russell Speechlys—Gustina Singgih

Charles Russell Speechlys—Gustina Singgih

Corporate team in London welcomes new partner

Church Court Chambers—Maria Karaiskos KC

Church Court Chambers—Maria Karaiskos KC

Historic appointment of chambers' first female head

Wright Hassall—five promotions

Wright Hassall—five promotions

Firm announces five promotions, including new partner

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