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Results: 1-10 of 265

Serious Crime Bill receives Royal Assent

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 13 2015

The Serious Crime Bill received Royal Assent on 3 March 2015 and will now enter into force as the Serious Crime Act 2015 (the "Act"). It introduces

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

Market abuse update

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, France, Hong Kong, United Kingdom, USA
  • -
  • December 15 2014

The FCA has continued to build on the strong track record of civil and criminal enforcement action against abusive conduct and manipulation, notably

UK: review of tribunal fees; prohibition on enforced subject access requests for criminal records; FCAPRA whistleblowing proposals

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 5 2015

The Business Secretary is reported to have launched a review of employment tribunal fees in light of inaction from the Ministry of Justice (see here

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

Tracing claims: court leaves the door open for the recognition of a discretionary remedial constructive trust

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 30 2007

In London Allied Holdings Limited v Anthony Lee and ors, the claimant sought to assert proprietary claims over the proceeds of a £1million fraud perpetrated on it by the defendants, who had deceived the claimant into thinking that they were in a position to arrange for the claimant to purchase the Ritz Hotel

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

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

Shah v HSBC: Court of Appeal says fact of suspicions of money laundering can be tested at trial

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 12 2010

Last year, HSBC was successful in obtaining summary judgment on a claim brought by one of its customers, Mr Shah (and his wife