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A Rock or A Hard Place?

Reporting overseas enforcement action against Senior Managers to the Prudential Regulation Authority. On 7 November 2018, the Prudential Regulation Authority (“PRA”) issued two final notices against two individuals who had...more

Court of Appeal decision in SFO v ENRC: l itigation privilege wins the day (for now)

In an eagerly awaited judgment, the English Court of Appeal has today overturned an earlier decision narrowing the scope of litigation privilege in criminal investigations in the UK. The Court of Appeal ruled that interview...more

The FCA’s Heightened Expectations Around Insider Dealing and Market Manipulation Systems and Controls (GC 18/1) – Some Practical...

Firms should consider the implications for their existing anti-market abuse controls and should consider responding to the consultation either directlyor through a relevant industry body. On 5 April 2018, we reported in an...more

UK Court Takes a “Realistic” and “Commercial” Approach to Litigation Privilege in the Context of Internal Investigations

In a judgment handed down at the end of 2017, but only recently released, the High Court in London has determined - in Bilta (UK) Ltd v RBS - that interviews held with employees in preparation of a report intended to deter a...more

Dishonesty Test in Criminal Law

The Supreme Court has made a substantial change to the test for dishonesty in the criminal law. Since 1982 the two stage test setout in R v Ghosh [1982] QB 1053 by the Court of Appeal has been the approach taken by the...more

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