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Corporate Crime & Compliance UK
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November 26, 2024
UK Regulators Propose Relaxing Rules On Bankers' Pay
The Prudential Regulation Authority and Financial Conduct Authority jointly announced plans on Tuesday to ease restrictions on bonuses for senior bankers, with the aim to make the U.K. more competitive while ensuring accountability in risk management.
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November 26, 2024
OFSI Boss Promises Tougher Fines For Sanctions Breaches
The head of the U.K. sanctions watchdog told MPs on Tuesday to expect more fines with tougher penalties for breaches of financial restrictions to be imposed on oligarchs in the coming months as he admitted that the crackdown has been slower than hoped.
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November 26, 2024
Director Accused Of Bribery Was Unfairly Fired, But Wins £0
A project director at the Hinkley Point C nuclear power station development was dismissed in a "complete absence of fair procedure," but has been awarded no compensation because he was complicit in alleged bribery, an employment tribunal has ruled.
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November 26, 2024
Macquarie Bank Fined £13M For 'Serious' Control Failings
The Financial Conduct Authority said Tuesday that it has fined the London branch of Macquarie Bank Ltd. £13 million ($16.4 million) for significant weaknesses in its systems and controls that allowed a trader to conceal more than 400 fictitious trades over 20 months.
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November 26, 2024
FCA Plans Regulation As UK Crypto-Asset Ownership Grows
The financial regulator published a plan Tuesday for regulating crypto-assets in the U.K. as it reported a rise in the number of British adults who now own digital currency and assets, up from 10% to 12% — or 7 million people.
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November 25, 2024
Employment Rights Bill 'Not Fit For Purpose'
Plans to give employees the right to work flexibly and claim unfair dismissal from their first day in a job are "not fit for purpose," according to an official assessment published on Monday.
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November 25, 2024
Tax Hikes Will Make It Harder To Hire, UK Industry Chief Says
Businesses will hire fewer workers as a result of raising employers' National Insurance contributions, a payroll levy, that was introduced in the autumn budget, the chief of one of Britain's most influential industry groups said Monday.
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November 25, 2024
Immovable Rule Shields Bedzhamov From Russian Bankruptcy
A recent decision by Britain's highest court that the £35 million ($44 million) London home of a fugitive banker is beyond the reach of Russian bankruptcy laws has made it clear that a foreign court cannot enforce orders over English land.
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November 25, 2024
'Knight' Can't Lift Freeze On Woodland Mansion, Supercar
A self-styled knight convicted of fraud failed to get a freezing order lifted against £1.1 million ($1.4 million) of his assets as a London court ruled on Monday that the civil recovery proceedings do not unfairly relitigate criminal confiscation efforts.
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November 25, 2024
Odey Can't View Medical Records Of Sexual Assault Accusers
Crispin Odey failed on Monday to gain access to the medical records of five women who accuse him of sexual abuse, after a judge weighed in favor of the alleged victims' right to privacy.
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November 25, 2024
MPs Raise 'Deep-Rooted' Problems At FCA In Critical Report
A report by a cross-party group of MPs will highlight the failures in the way the Financial Conduct Authority handles major scandals, despite its efforts to reform its culture and operations, according to advance details released Monday.
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November 25, 2024
FCA Rewrites Disclosure Rules, Handing Suspects The Reins
Changes to disclosure rules at the Financial Conduct Authority will give defendants more insight into its investigations than ever before — though the development might swamp those that cannot afford top legal advisers, lawyers say.
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November 25, 2024
Barclays Fined £40M For Failing To Disclose Qatari Deals
Barclays has been fined £40 million ($50.2 million) for the "reckless" arrangements the bank made with Qatari investors when it was raising fresh capital during the 2008 financial crisis, the Financial Conduct Authority said Monday.
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November 22, 2024
UK Enforcers Concerned Over Apple Mobile Browser Policies
British competition enforcers said Friday that Apple's policies are holding back innovation in the mobile browser space and called for an investigation of the roles played by Apple and Google in the mobile ecosystem under new rules coming into force next year.
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November 22, 2024
Malaysia Looks To Shore Up Counterattack Over $14.9B Award
Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.
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November 22, 2024
Ex-Petrofac Staffer Forced To Resign Over Freelance Snub
A former condition monitoring expert at Petrofac has won his unfair dismissal claim, after an employment tribunal ruled that bosses at the oil and gas firm unreasonably denied his requests to take on freelance work and forced him to quit.
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November 22, 2024
Teacher Stern Cleared Of Rules Breach Over Client Payments
Teacher Stern LLP and two partners were cleared by a London disciplinary tribunal on Friday of breaching legal accounting rules and ethical regulations by allowing clients to transfer money that was not related to an underlying legal transaction or service.
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November 22, 2024
Fraud Victim Can't Revive Duty Claim Against NatWest
A fraud victim failed Friday to revive its claim against National Westminster Bank PLC for not stopping more than £420,000 ($526,000) in payments to the scammers' bank account, after a London judge ruled the company did not have a reasonable chance of overturning the dismissal.
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November 22, 2024
CAT Approves £7B Google Claim Over Apple Search Monopoly
The Competition Appeal Tribunal gave the green light on Friday to a consumer advocate's attempt to bring a £7 billion ($8.7 billion) class action against Google over claims the tech giant has blocked competitors from entering the search engine market on Apple products.
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November 22, 2024
Paragon Auditor Denied Interim Pay In Whistleblowing Claim
An internal auditor at Paragon Bank has lost his bid for interim pay in his whistleblowing claims against the property finance lender as an appeals tribunal found he would struggle to prove that this was the reason he was sacked.
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November 22, 2024
Manchester Bombing Survivors' MI5 Claim Rejected As Late
More than 250 survivors and the family members of people killed in the Manchester Arena bombing can't claim the U.K. intelligence services' failure to prevent the attack breached their human rights because the allegations were not brought in time, a London tribunal ruled Friday.
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November 22, 2024
Imprisoned Oligarch Asks UK Court To Hear Conspiracy Claim
Lawyers for an oligarch imprisoned in Russia told a London court Friday that he was entitled to pursue litigation against pipeline giant Transneft in England, rather than Russia as the company wants, because a "not insignificant" proportion of the damage in the case was incurred in England.
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November 22, 2024
Putin Ally's In-law Charged With Paying Nephew's School Fees
The brother-in-law of a former Russian politician faces new criminal charges for allegedly breaching sanctions after U.K. authorities accused him of paying for the children of an alleged ally of Vladimir Putin to attend a private school, a court heard Friday.
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November 22, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen cash-strapped Thurrock Borough Council bring a £40 million ($50 million) negligence claim against 23 other local authorities over its solar investments from a not-for-profit local government body, AstraZeneca sue a fire safety company following a blaze at its Cambridge headquarters last year, and a director who was convicted in 2016 for corporate manslaughter face action by Manolete Partners. Here, Law360 looks at these and other new claims in the U.K.
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November 22, 2024
SFO Accuses Guralp Systems Of Breaching DPA
The Serious Fraud Office accused Guralp Systems on Friday of breaching the terms of corporate bribery settlement inked five years ago and will haul the seismic technology company before a criminal court for possible prosecution.
Expert Analysis
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4 Legal Privilege Lessons From Dechert Disclosure Ruling
The Court of Appeal's recent decision in Al Sadeq v. Dechert LLP, finding that evidence may have been incorrectly withheld, provides welcome clarification of the scope of legal professional privilege, including the application of the iniquity exception, says Tim Knight at Travers Smith.
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BT Case May Shape UK Class Action Landscape
The first opt-out collective action trial commenced in Le Patourel v. BT in the U.K. Competition Appeal Tribunal last month, regarding BT's abuse of dominance by overcharging millions of customers, will likely provide clarification on damages and funder returns in collective actions, which could significantly affect the class action regime, say lawyers at RPC.
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No-Poach Agreements Face Greater EU Antitrust Scrutiny
EU competition authorities are increasingly viewing employer no-poach agreements as anti-competitive and an enforcement priority, demonstrating that such provisions are no longer without risk in Europe, and proving the importance of understanding EU antitrust law concerns and implications, says Robert Hardy at Greenberg Traurig.
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Key Points From EC Economic Security Screening Initiatives
Lawyers at Herbert Smith analyze the European Commission's five recently announced initiatives aimed at de-risking the EU's trade and investment links with third countries, including the implementation of mandatory screening mechanisms and extending coverage to investments made by EU companies that are controlled subsidiaries of non-EU investors.
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Following The Road Map Toward Quantum Security
With the Financial Conduct Authority’s recent publication of a white paper on a quantum-secure financial sector, firms should begin to consider the quantum transition early — before the process is driven by regulatory obligations — with the goal of developing a cybersecurity architecture that is agile while also allowing for quantum security, say lawyers at Cleary.
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Why EU Ruling On Beneficial Ownership May Affect The UK
Following the EU judgment in Sovim v. Luxembourg that public access to beneficial ownership information conflicts with data protection rights, several British overseas territories and dependencies have recently reversed their commitment to introduce unrestricted access, and challenges to the U.K.’s liberal stance may be on the cards, says Rupert Cullen at Allectus Law.
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UK Gov't Response Clarifies AI Regulation Approach
Although the U.K. government’s recent response to its artificial intelligence consultation is a clear signal of its continuing pro-innovation approach to AI regulation, high-level systems are likely to be the focus of scrutiny and organizations may consider reviewing measures they have implemented to help identify risks, say Christopher Foo and Edward Machin at Ropes & Gray.
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Key Changes In FRC Code Aim To Promote Good Governance
The focus of the recently published Financial Reporting Council Corporate Governance Code on risk management and internal controls is to ensure the competitiveness of the U.K. listing regime while not compromising on governance standards, and issuers may wish to consider updating their policies in order to follow best practice, say lawyers at Debevoise.
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Ruling In FCA Case Offers Tips On Flexible Work Requests
In Wilson v. Financial Conduct Authority, the Employment Tribunal recently found that the regulator's rejection of a remote work request was justified, highlighting for employers factors that affect flexible work request outcomes, while emphasizing that individual inquiries should be considered on the specific facts, say Frances Rollin, Ella Tunnell and Kerry Garcia at Stevens & Bolton.
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EU Vote Delay Puts Course Of Sustainability Directive In Doubt
With time to adopt the proposed EU Corporate Sustainability Due Diligence Directive during this Parliamentary term running out, and with upcoming elections threatening political uncertainty, the degree of compromise that may be needed to secure a "yes" vote now could undermine the shift the legislation seeks to achieve, say lawyers at Simpson Thacher.
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Full EU Import Border Controls Pose Hurdles For UK Cos.
The U.K.’s long-anticipated introduction of full border controls on imports of goods from the EU, due to complete by the end of 2024, brings the system broadly into line with goods imported from the rest of the world, but may result in delays, increased costs and disruption as businesses adapt, say Ben Chivers and Jonathan Rush at Travers Smith.
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Cos. Should Review Cookie Compliance After ICO Warnings
The Information Commissioner's Office recently restated its intention to take enforcement action on the unlawful use of nonessential cookies, and with the additional threat of public exposure and reputational damage, organizations should review their policies and banners to ensure they comply with data protection legislation, says Murron Marr at Shepherd & Wedderburn.
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New Fraud Prevention Offense May Not Make Much Difference
By targeting only large organizations, the Economic Crime Act's new failure to prevent fraud offense is striking in that, despite its breadth, it will affect so few companies, and is therefore unlikely to help ordinary victims, says Andrew Smith at Corker Binning.
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Mitigating And Managing Risks Of AI Use In Private Equity
While generative artificial intelligence has the ability to transform private equity firms and their portfolio companies, its deployment brings inherent risks, including those presented by the forthcoming EU AI Act, requiring appropriate risk management strategies, processes and policies to be adopted, says Barry Fishley at Weil.
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Vodafone Decision Highlights Wide Scope Of UK's FDI Rules
The U.K. government’s recently imposed conditions required for its approval of Vodafone and Etisalat’s strategic relationship agreement under its National Security and Investment Act jurisdiction, illustrating the significance of the act as an important factor for transactions with a U.K. link, says Matthew Hall at McGuireWoods.