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22 September 2023
Issue: 8041 / Categories: Legal News , Criminal , Fraud
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NLJ this week: What is the potential impact of ‘failure to prevent fraud’?

138502
The proposed ‘failure to prevent fraud’ offence is intended to close loopholes in existing legislation, but does it go far enough? 

In part 3 of a series on economic crime in the UK, Kate Bridgland, associate, Oliver Cooke, senior associate, & Richard Marshall, partner, at Penningtons Manches Cooper, look at the proposal and assess how it will work in practice.

Bridgland, Cooke & Marshall cover what the offence is likely to include, what is not included and why it is needed.

They write: ‘The new provisions are much narrower in scope than many have called for… That being said, this would still be a welcome development, should it come to fruition.’ 

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Wedlake Bell—Rebecca Christie

Wedlake Bell—Rebecca Christie

Firm welcomes partner with specialist expertise in family and art law

Birketts—Álvaro Aznar

Birketts—Álvaro Aznar

Dual-qualified partner joins international private client team

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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