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12 April 2024
Issue: 8066 / Categories: Legal News , Company , Criminal
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NLJ this week: The Barclays misdiagnosis & its impact on future SFO cases

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An important misconception about the drivers behind the identification principle in the Economic Crime and Corporate Transparency Act 2023 is highlighted by Maia Cohen-Lask, partner, Corker Binning, in this week’s NLJ

Cohen-Lask notes that Serious Fraud Office v Barclays plc and another [2018] EWHC 3055 (QB), [2018] All ER (D) 186 (Nov), a major case where criminal liability could not, ultimately, be attributed to the directors, is ‘frequently cited as the leading driver for legislative change’. She explains why this view is based on a misdiagnosis, and why it’s important to understand this if future Serious Fraud Office prosecutions are to succeed.

Cohen-Lask writes: ‘All of this rhetoric obscures an important point: that the new senior manager route to corporate criminal liability would not, in fact, have led to a different outcome in Barclays.’

Issue: 8066 / Categories: Legal News , Company , Criminal
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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