This piece, produced by Richard Lissack QC and Robin Lööf, includes updates on recent cases in the commercial crime field, including in relation to:

  • Serious Fraud Office – Major Settlements: an outline of two major cases in which the SFO entered into settlements with companies under investigation for corruption. Both settlements provide clarifications on the application of the relevant sentencing guidelines.
  • Financial Conduct Authority – Enforcement of Regulated Activities by Unauthorised Persons: an overview of the Court of Appeal’s decision in Financial Conduct Authority v Avacade Ltd (t/a Avacade Investment Options) [2021] WLR(D) 481, relating to findings of regulatory contraventions of various provisions of FSMA.
  • Private Prosecutions: consideration of two recent cases which provide clarification on various issues which may arise in the context of private prosecutions.
  • International investigations / Privilege: an outline of The State of Qatar v Banque Havilland SA and Vladimir Bolelyy [2021] EWHC 2172 (Comm) which considered a claim of litigation privilege in internal investigation materials, in light of recent case law.
  • Contempt of Court: an overview of A-G v Crosland [2021] UKSC 15 which relates to a contempt against the Supreme Court and the dividing line between civil and criminal contempts.

Click here to read the full update.

This piece was originally produced for our Quarterly Commercial Crime Newsletter. If you would like to sign up for this going forward, please contact marketing@fountaincourt.co.uk