header-logo header-logo

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

12 April 2024
Issue: 8066 / Categories: Legal News , Company , Criminal
printer mail-detail
167836

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
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll