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18 October 2024 / Jonathan Fisher KC
Issue: 8090 / Categories: Opinion , Fraud , Regulatory , Financial services litigation
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Fraud: what next?

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With fraud accounting for 40% of all crime in England & Wales, Jonathan Fisher KC sets out how the new government might tackle it

With fraud estimated to be costing the UK around £130bn each year and constituting approximately 40% of crimes committed in England and Wales, the government will be exploring innovative options to address the problem. A new economic crime plan will probably be published by the Home Office in the coming months.

Corporate fraud

The immediate future in the fight against corporate fraud is not difficult to predict. The new corporate ‘failing to prevent fraud’ offence in the Economic Crime and Corporate Transparency Act 2023 will come into force in the coming months, alongside an expansion of corporate criminal liability where a senior manager commits an economic crime offence within the scope of their actual and apparent authority. The change does not replace or amend the common law identification doctrine, but instead provides a new statutory route to corporate liability for specific offences. As these measures are integrated into the criminal lexicon, an increase in corporate prosecutions

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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