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Results: 1-10 of 398

UK: whistleblowing: “public interest” requirement is low hurdle for workers
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 7 2015

Whistleblowing law was amended in June 2013 to make protection conditional on the worker holding a reasonable belief that disclosure was in the


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 April 2015
  • Herbert Smith Freehills LLP
  • Australia, European Union, United Kingdom, USA
  • April 16 2015

2014 was marked by record fines for benchmarkmManipulation globally, criminal prosecutions for insider trading and market manipulation, and the first


Supreme Court confirms company in liquidation not prevented from claiming against directors on the basis of fraud attributable to the company
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 27 2015

The Supreme Court has unanimously upheld a Court of Appeal decision refusing to strike out a claim by a “one-man” company in liquidation, which had


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


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


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


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


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


SOCA v David Gale, Teresa Mandy Gale David Kenneth Gale, June Patricia Peel Queen's Bench Division 2009 EWHC 1015 (QB)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 3 2009

The Serious Organised Crime Agency has brought civil recovery proceedings under Part 5 of the Proceeds of Crime Act 2005 in relation to recoverable property owned by David Gale either in his own name or in the names of his former wife, his son and his mother