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01 May 2008 / George Davies , Richard Burger , Peter Steel
Issue: 7319 / Categories: Features , Public , Regulatory , Commercial
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Regulatory Column

The Practitioner

What a Mess!

The late, great Frank Muir used to write about the antics of a rather scruffy Afghan Hound. All those who came across the unfortunate mutt would exclaim: “What a mess!” Unsurprisingly, the poor animal came to believe that this was in fact his real name. One would not be surprised to find that those whose task it is to contain the perennial problem of insider dealing and market abuse in the UK might have a similar reaction when they try and implement the latest initiatives from HM Treasury and the Financial Services Authority (FSA) in this area.

HM Treasury recently produced a “consultation paper” dated 7 February 2008. It's always hard not to think of the words “kick” “long” and “grass” when one sees the word “consultation” in this context but perhaps genuine input from market users is what HM Treasury wants (or needs) this time round.

Defining Market Abuse

Since the adoption of the Market Abuse Directive (MAD) in July 2005, s 118 of the Financial Services and Markets Act 2000 (FSMA

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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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