header-logo header-logo

08 March 2024
Issue: 8062 / Categories: Legal News , Commercial , Fraud , Criminal
printer mail-detail

NLJ this week: It’s ambitious, but will it be effective? Analysing ECCTA 2023

162791
Performative law-making or a driver for real change? The Economic Crime and Corporate Transparency Act 2023 is dissected and examined in this week’s NLJ by Tom Forster KC and Katie Bacon

Forster and Bacon, both of Red Lion Chambers, take an in-depth look at the ‘ambitious’ Act, which extends criminal liability for corporates and creates a ‘failure to prevent’ fraud duty for large organisations, and much more. They set out the background to the Act, discuss its scope and consider how effective it will be in practice. Fraud is a major issue, accounting for about 60% of crime, according to the Office for National Statistics. The National Crime Agency has estimated more than £100bn may be being laundered through the UK every year.

Will the Act work? More resources may be needed. Forster and Bacon assert the Act’s measures ‘represent powerful tools’ but call for the investigative and prosecution agencies to be properly resourced ‘so as to provide a clear and credible enforcement threat’.

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
back-to-top-scroll