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Corporate Crime Update October 2014 - United KingdomEurope

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 17 2014

The African Development Bank (AfDB) has banned a British education equipment and training company from doing business with it for 30 months because of

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

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

Tackling insider dealing, and achieving credible deterrence: FSA fines IT technician

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 7 2008

The FSA has fined John Shevlin, an IT technician, £85,000 for trading a contract for difference (CFD) referenced to the share price of the Body Shop International plc (the Body Shop) on the basis of inside information

Sentencing Council Guideline in relation to fraud, bribery and money laundering offences comes into effect

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 1 2014

The Definitive Guideline on Fraud, Bribery and Money Laundering, which includes specific guidelines for Corporate Offenders, takes effect for all

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

Market abuse update

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

Since our last update in April, there have been some significant milestones in the FSA's fight against market abuse

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

R v Innospec Limited - Serious Fraud Office judicially criticised over Innospec global settlement

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 31 2010

On 26 March 2010, Lord Justice Thomas, at Southwark Crown Court handed down a sentencing judgment for Innospec Limited who had pleaded guilty to charges of conspiracy to corrupt

UK FCA consults on change to rules requiring reporting of suspicious transactions (market abuse)

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 18 2013

Tucked away in chapter 4 of Quarterly Consultation No.2 is the FCA's proposal to clarify the requirement for firms to submit suspicious transaction