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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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