This is the third episode in the second series of The Fountain Court Podcast. The episode is hosted by Richard Lissack QC and is a recording of a virtual panel discussion hosted by Fountain Court’s commercial crime group in October 2021, on the topic of UK Corporate Criminal Liability.

Richard is a nationally and internationally recognised leader in the field of banking and financial services, anticorruption legislation including the Bribery Act, commercial fraud and regulatory breaches. A client interviewed by Chambers & Partners comments that ‘there is nobody at the Bar like Richard Lissack QC’ and that he ‘perfectly straddles the intersection between business crime and regulatory exposure’. He is called to the Bar of, or is a licensed practitioner in, London, New York, Northern Ireland, Eastern Caribbean and the DIFC.

Joining Richard in the panel discussion are fellow members of Fountain Court’s commercial crime group:

  • Robin Barclay QC: Robin took silk in 2020 and practices in commercial, criminal, financial services and public law. His practice is almost exclusively international and multi-jurisdictional and his expertise spans disputes from investigations before the commercial court and chancery division, the crown court, the administrative court and a range of different regulatory and disciplinary tribunals in the UK and offshore, including the FCA. His practice traverses very different legal and procedural spheres and he is used by a range of corporates and individuals for high value, high stake commercial litigation and advice.
  • Eleanor Davison: Eleanor is a leading junior in cross border fraud, money laundering, corruption and financial services law. She advises government at the highest level, state and private enforcement agencies, listed companies and senior executives in criminal and regulatory proceedings. She is listed in Who’s Who Legal as a Future Leader in Investigations and is the appointed expert to the Bar Standards Board on anti-money laundering provisions.
  • Robin Lööf: Robin started his career at the Bar in London’s top criminal set and then spent eight years in the white-collar crime team of a leading US law firm, before joining Fountain Court in June 2021. He now represents and advises both companies and individuals facing criminal and regulatory issues in England and abroad. As a French qualified lawyer, he continues to be able to practice seamlessly across the channel.

Over the summer of 2021, the Law Commission consulted a range of stakeholders on options for governmental reform to UK corporate criminality, so the law is fit for the modern business world. During the event, the speakers discussed the need for reform and themes arising during the consultation.

They also discussed the new failure to prevent fraud offence, what the UK can learn from overseas jurisdictions, proportionality and the cost of compliance and the impact on both global investigations and deferred prosecution agreements.

If you would like to know more about our Commercial Crime practice, please contact our clerking team.

To subscribe to our Commercial Crime quarterly newsletter, referred to in the episode, please contact marketing@fountaincourt.co.uk.

We hope you enjoy the episode.