Disclosure under the microscope
Kingsley Napley Blog
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2d ago
Mr Jonathan Fisher KC’s ongoing Independent Review of Disclosure & Fraud Offences recently published its “Preliminary Findings & Direction of Travel” report for part one of the review, which relates to the criminal disclosure regime. The report can be found here.  ..read more
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FCA’s plan to “name and shame” firms should be urgently reconsidered
Kingsley Napley Blog
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2d ago
The FCA’s recent consultation (CP24/2) on changes to its enforcement process has provoked what appears to be unanimous opposition from government and industry bodies. Of particular concern is the proposal in consultation paper (“the CP”) that the FCA will publish information about its enforcement investigations, including the identity of the subject of the investigation, where it assesses it to be in the public interest to do so.    ..read more
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Whistleblower protection and proposals for reform
Kingsley Napley Blog
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3w ago
When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations. In addition, the approach and expectations of the authorities in the UK are changing, particularly with support being voiced for the idea of introducing financial rewards for whistleblowers.  ..read more
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Punishing difference: why are neurodivergent children disproportionately punished by our education and youth justice systems?
Kingsley Napley Blog
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3w ago
The inescapable conclusions is that there is something inherent within our education and youth justice systems that punishes difference ..read more
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Demystifying loss of control
Kingsley Napley Blog
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3w ago
The recent Channel 4 TV programme The Jury: Murder Trial focused attention on the jury trial process, but went for drama and sensationalism over accuracy, as our colleague Greg Foxsmith previously argued. As a result, there was little attention paid to the legal issue in the dramatised case, which was “loss of control” as a partial defence to murder. This may have left some wondering what the actual legal position is ..read more
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Food, fraudulent food
Kingsley Napley Blog
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3w ago
Over the past decade, food fraud has emerged as a particularly pervasive issue, both internationally and within the UK. In recent years, the UK has experienced several high-profile food fraud scandals, involving the mislabelling and adulteration of food products and so raising concerns about the integrity of the food supply train and consumer safety ..read more
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New sentencing guidelines are now in force
Kingsley Napley Blog
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1M ago
On 1 April 2024, a number of new and amended sentencing guidelines came into effect, following publication of the results of a consultation by the Sentencing Council which ran during Autumn 2023 ..read more
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Health and Safety / Corporate Manslaughter – Q1 2024
Kingsley Napley Blog
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1M ago
This quarterly update provides a summary of a selection of news stories relating to health and safety law investigations and prosecutions, as well as key corporate manslaughter cases, in the period January 2024 – March 2024 ..read more
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UK FIU report reveals more efficient and better quality SARs reporting landscape
Kingsley Napley Blog
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1M ago
The NCA’s UK Financial Intelligence Unit (UKFIU) has published its latest Annual Report (somewhat later in the year than usual). The UKFIU is responsible for receiving, analysing and disseminating intelligence submitted through the Suspicious Activity Reports (SARs) regime and its role is to alert law enforcement agencies, both at home and abroad, to potential instances of money laundering and terrorist financing.   Its latest report covers the period of April 2022 to March 2023, during which time sanctions against Russian-related entities and individuals continued to play a significant r ..read more
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Fraud case roundup
Kingsley Napley Blog
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1M ago
In Say Chong Lim & others v Chee Kong Ong (a bankrupt) (also known as Francis Ong) [2024] EWHC 373 (Ch), the High Court imposed an immediate custodial sentence of 22 months on the respondent,  Mr Ong, in relation to seven counts of contempt of court ..read more
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