Those rebellious Scots again: the Supreme Court and the Scottish Government | Brodies

Legal Briefing

Whether it’s voting rights for prisoners or so-called ‘super-injunctions’, the Scottish media has over the past few months been full of commentary about the impact of the European Convention on Human Rights (ECHR) and the application of Strasbourg jurisprudence in the Scottish and UK courts. Why, it is argued by some, should the distinct British …

Full reform of the controlled foreign companies legislation | The In-House Lawyer

Legal Briefing

On 30 June 2011, the government published the long-awaited consultation document on reform of the controlled foreign companies (CFC) legislation. The consultation follows the announcement at Budget 2011 that the government would consult on full reform this year with new legislation to be included in the Finance Bill 2012. The regime has been repeatedly criticised …

The billion pound toxic pool… deal with it, don’t add to it! | Eversheds Sutherland

Legal Briefing

The Financial Services Authority (FSA) has recently published its review of mortgage fraud against lenders, having carried out investigations into the ability of lenders to detect and prevent mortgage fraud. The purpose of the report was to consider how lenders are managing the risk to their businesses of mortgage fraud. The report also estimates that …

Bribery Act raises the bar for global compliance programmes | DLA Piper

Legal Briefing

On the day that the Bribery Act 2010 (the Act) came into force, Richard Alderman, director of the Serious Fraud Office (SFO), gave an exclusive interview to the Daily Telegraph. In the interview, Mr Alderman set out his hard-line approach and highlighted the SFO’s intention to take a much stronger stance with enforcing the Act …

Product recalls: damned if you do, damned if you don’t? | Shook, Hardy & Bacon

Legal Briefing

Whilst few product recalls grab the headlines in the way of Toyota’s worldwide recall of millions of Prius and other vehicles, product recalls are happening all the time as can readily be seen from newspapers, store advertisements, government agency announcements and a variety of other media. Barring rare cases of malicious tampering, each recall represents …