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10 November 2017 / Nicholas Griffin KC
Issue: 7769 / Categories: Features , Fraud , Bribery , Profession , Commercial
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No safe havens? Pt 1

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Corporate facilitation of tax evasion: the new frontier. A special two-part analysis by QEB Hollis Whiteman Chambers

  • The Criminal Finances Act 2017 includes new corporate criminal offences of failing to prevent the facilitation of tax evasion, which came into force at the end of September.
  • These are strict liability offences coupled with reverse burden ‘reasonable prevention procedures’ defences, akin to the Bribery Act 2010. They have far-reaching implications.

There is no doubt that the recent years of austerity have naturally triggered debate surrounding the adequacy of the Government’s tax enforcement methods. In tandem, the HSBC Switzerland ‘secret accounts’, the ‘Panama papers’ scandals have highlighted significant holes in the current regulatory and criminal enforcement regimes. It is no coincidence that the events in 2015 and 2016 were immediately followed by Government consultations on better tackling tax avoidance and evasion alike. This month’s striking publication of the ‘Paradise papers’ has raised similar concerns.

Following these consultations, the Government has sought to strengthen the legislative tools at its disposal to tackle

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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