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18 January 2023
Issue: 8009 / Categories: Legal News , Fraud , Criminal
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Government's fraud response disappoints

The government has stalled on proposals to introduce a ‘failure to prevent’ offence on fraud—made as part of the Law Commission’s recommendations for tackling economic crime last June and reiterated by the Justice Select Committee in October.

Its response, published last week, to the Committee report, ‘Fraud and the justice system’, stated the government was ‘working… to consider… and determine a case’ for a failure to prevent offence.

Lloyd Firth, counsel in WilmerHale’s UK white collar defence and investigations practice, said: ‘Anyone hoping the government might finally take concrete action… will be disappointed.

‘No timeframe is given for the government to conclude its consideration of the Law Commission’s paper. The long wait for consensus and action on the reform of corporate criminal liability in the UK continues.’

The government also rejected the committee’s recommendation to pilot specialist economic crime courts on the basis there is a current shortage of judges. Read its full response here.

Issue: 8009 / Categories: Legal News , Fraud , Criminal
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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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