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25 November 2016 / Robin Barclay
Issue: 7724 / Categories: Features , Criminal , Commercial
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The new normal

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A fresh legal paradigm has emerged in which criminal, regulatory & civil liabilities elide says Robin Barclay

  • Multi-jurisdictional, multi-party and multi-liability fraud cases represent the new normal.
  • A fresh legal paradigm has emerged in which criminal, regulatory and civil liabilities elide.

Commercial fraud is a broad and complex topic involving all areas of commercial life and many areas of law. With multi-jurisdictional, multi-party and multi-liability fraud cases representing the new normal for today’s business community, a fresh legal paradigm has emerged in which criminal, regulatory and civil liabilities elide. This article explores how the substantive rules in English criminal, regulatory and civil fraud have come to mesh with one another to form a unitary whole and why practitioners and clients alike are seeing a rapid need to find more holistic interlocking solutions to the questions these cases raise.

Criminal fraud: liability & punishment

Fraud prejudicial to the community is a crime according to different statutes and at common law. In the case of an individual it is punishable by imprisonment or non-custodial sentences and ancillary orders, including a fine, compensation, confiscation of assets,

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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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