Law and the Justice System

Against a backdrop of increasing client account fraud, we consider the Commercial Court’s recent judgment on the meaning of “condoning” in the context of the fraud and dishonesty exclusion in a Solicitors’ Professional Indemnity Insurance policy. The decision also looked at issues of aggregation and sham partnership but these are not the focus of this article.

https://www.kennedyslaw.com/thought-leadership/case-review/2023/to-condone-or-not-to-condone-fraud-is-the-question/

The Criminal Finances Act 2017 has resulted in civil law proceedings dominating Proceeds of Crime law. In a blog, Andrew Katzen and Olivia Dwan analyse this trend, and ask what it means for practitioners and targeted individuals.

https://www.hickmanandrose.co.uk/?p=1652

A new criminal offence of failing to prevent fraud is to be added to UK law and applied to large businesses and other large organisations.

https://www.pinsentmasons.com/out-law/news/failure-prevent-fraud-offence-apply-uk-large-organisations

New offence will make it easier to prosecute a large organisation if an employee commits fraud for the organisation’s benefit.

https://www.gov.uk/government/news/new-crackdown-on-fraud-introduced-by-home-office

UK regulators in the financial services, telecoms and professional services sectors could be placed under a statutory duty to prevent economic crime under a proposal set out by a UK law maker.

https://www.pinsentmasons.com/out-law/news/failure-prevent-economic-crime-duty-proposed-uk-regulators

The UK’s Serious Fraud Office (SFO) on Friday said it would be dropping its case against three former G4S executives over claims they defrauded the UK government of tens of millions of pounds.

https://www.cityam.com/calls-to-overhaul-antiquated-trial-rules-grow-as-sfo-forced-to-drop-g4s-case/

New proposals to reimburse scam victims are "half-baked” without further action from the regulator, the Treasury Committee says today.

https://committees.parliament.uk/committee/158/treasury-committee/news/186480/treasury-committee-proposals-to-reimburse-scam-victims-halfbaked/

The current legal basis for holding corporates responsible for wrongdoing has long been criticised.

https://www.ftadviser.com/investments/2023/03/06/what-the-impending-failure-to-prevent-fraud-bill-means-for-uk-companies/

A City of London policing head last night called for the Government to reform the disclosure system, which was designed before mass digital data, “to deliver faster and more effective justice for victims.”

https://www.policeprofessional.com/news/uk-needs-disclosure-of-evidence-regime-fit-for-digital-age-says-city-policing-chief/

As the economic crime and corporate transparency bill winds its way through parliament, it would be understandable if the Serious Fraud Office had a greater interest than most in its progress.

https://www.ftadviser.com/companies/2023/02/22/corporate-crime-bill-is-welcome-development-for-sfo/