When a company learns that there may have been serious misconduct within the organisation, one option is for it to conduct its own internal investigation to establish what has happened, who is liable and how to make sure that it does not happen again. A company investigation may take place either instead of or in …
The final session of the 2017 Commercial Litigation Summit sought the views of senior in-house counsel on managing disputes. Chairing the panel, Stephen Moriarty QC of Fountain Court Chambers kicked off the debate by tackling the perception of an in-house department as a cost centre – effectively, a necessary evil – citing the CV of …
Political and public pressures continue to drive significant changes in the approach to criminal corporate enforcement throughout the world. The UK has proved no exception and in September 2017 the Criminal Finances Act 2017 created another strict liability criminal offence for businesses, for failing to prevent facilitation of UK or foreign tax evasion.
When President John F Kennedy stood before Rice University on 12 September 1962 and boldly declared that not only would the US be the first country to land on the moon, but they would do it before the end of the decade, he captured the imagination of a generation.
For 35 years the standard test for dishonesty in criminal trials has been that set out by the Court of Appeal in R v Ghosh. But last month, the Supreme Court overturned this authority in obiter comments in the judgment of Ivey v Genting Casinos. We examine the reasoning behind this decision and its likely …
Continue reading “White-collar crime: law on dishonesty re-written”
Alex Novarese, The In-House Lawyer: Looking at the top of the market, how is buying behaviour changing?
In the landmark decision of Toufik Lounes v Secretary of State for the Home Department (C‑165/16), the European Court of Justice (ECJ) has held that an EEA national who exercises free movement in another member state, and who later naturalises in that country and retains their original nationality, continues to enjoy the rights afforded under …
Continue reading “Landmark ECJ decision for derived right of residence for EEA family members”
On 7 November 2017, the UK government provided the European Commission with a ‘technical document’ with the aim of further clarifying its proposals in respect of post-Brexit citizenship rights. The note aims to offer reassurance to EU citizens and their family members by setting out further details of how a new ‘settled status’ scheme will operate …