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31 July 2009
Issue: 7380 / Categories: Legal News , EU
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Money laundering regime hampering UK business

Over regulation may put UK at competitive disadvantage

The private sector is being unnecessarily burdened by a duty to report minor regulatory breaches to the relevant authorities under the government’s money laundering and terrorist financing regime.

A report by the House of Lords EU Committee into the approach taken within the UK was critical of the “all crimes” regime currently in operation. Contrary to support from the British Bankers Association and the Institute of Chartered Accountants of England and Wales, the Law Society said in its evidence that a well regulated market is not necessarily being enhanced by the current system. Law Society president, Des Hudson, told the committee that the all-embracing definition of property resulted in the inclusion of criminal property deriving from a wide number of regulatory offences which could not have been intended to be within the focus of the strategy.

Hudson also raised the issue of the financial burden placed on the private sector by the anti-money laundering regime. Evidence presented to the committee suggested a disproportionate burden on private companies, with one example reporting a cost of £36m

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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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