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Results: 1-10 of 246

English High Court affirms basis upon which it will prevent a call being made under an on-demand bond

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 3 2014

In our March 2013 newsletter we explained, amongst other things, the characteristics of an "on-demand" (as opposed to a "conditional") bond provided

Global employment, pensions and incentives newsletter

  • Herbert Smith Freehills LLP
  • -
  • Africa, Australia, China, European Union, France, Hong Kong, Japan, Russia, Singapore, Spain, United Kingdom, USA
  • -
  • April 15 2014

Most of the labour codes in force in francophone sub-Saharan Africa contain provisions which seek to prevent unfair competition practices among

The FCA's financial crime priorities

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 16 2013

The Financial Conduct Authority ("FCA") recently published two documents which provide additional information about its current supervisory and

Anti-money laundering and anti-bribery systems and controls at asset management firms: FCA thematic review

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 1 2013

In October 2013, the Financial Conduct Authority (FCA) published the much-anticipated report of its thematic review into anti-money laundering (AML

Shah v HSBC: what duties do banks owe their customers when making SARs?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 24 2009

Earlier this year, the High Court considered a claim by a customer against his bank in relation to its failure to process transactions whilst requests for consent under the Proceeds of Crime Act 2002 (POCA) were pending with the Serious Organised Crime Agency (SOCA

Principal's right to recover a bribe paid to a fiduciary proprietary or personal?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 23 2011

The Privy Council decision of Attorney-General for Hong Kong v Reid 1994 1 AC 324 has generally been taken to hold that a principal has a proprietary right to a bribe paid to a fiduciary

Who 'owns' a bribe - the recipient or victim?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 29 2011

The Court of Appeal has given judgment in Sinclair Investments (UK) Limited v Versailles Trading Finance Limited & Others (2011 EWCA Civ 347), firmly dismissing the appeal - and the defendants' cross appeal - from the judgment of Mr Justice Lewison of 30 June 2011

The decision in Cadogan Petroleum Plc and Ors v Mark Tolly and Ors

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 17 2011

Following Sinclair v Versailles it is possible to maintain a proprietary claim only to assets which came into the fiduciary’s hands as a result of a transaction about which the principal makes no complaint

Sentencing Council guideline for corporate offenders

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 18 2014

The Sentencing Council published its definitive Guideline for sentencing corporate offenders convicted of fraud, bribery and money laundering

Court of Appeal finds company in liquidation not prevented from claiming against directors on basis fraud attributable to company

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 23 2013

The Court of Appeal has unanimously upheld an order refusing to strike out a claim by a "one-man" company in liquidation, which had been the vehicle