Latest Articles

Deferred prosecution agreements (DPAs) have been a mainstay of the recent initiatives to deter corporate offending and change companies’ behaviour. They offer corporate offenders the chance to defer criminal charges provided they comply with financial penalties and other conditions agreed with a prosecuting authority. They are intended to broaden the range of tools available to prosecutors when dealing with economic crimes (namely fraud, offences under the Bribery Act 2010 and money laundering offences). They also…
The SFO has this week confirmed that it will not appeal the Court of Appeal’s recent decision addressing, in particular, fundamental issues as to the ambit of litigation privilege in investigations (ENRC v SFO [2018] EWCA Civ 2006). A more detailed summary of the case and its practical implications is available here. The decision of the SFO not to appeal the decision means that English law will be left with a narrow concept of…
Introduction The judgment in R (on the application of KBR Inc) v The Director of the Serious Fraud Office [2018] EWHC 2012 (Admin) came out on Thursday, 6 September 2018. In summary, the Administrative Court held that section 2(3) of the Criminal Justice Act 1987 (CJA), which (broadly) gives the SFO power to require a person to produce specified documents in connection with an SFO investigation, has certain extra-territorial effect. The Court held that section…
The UK Department of Energy and Climate Change has published a Consultation Paper setting out proposals for new criminal offences which will give the UK’s energy regulators power to prosecute individuals and corporates suspected of abusing the wholesale energy markets. The proposed offences are designed to bolster the deterrent against market abuse in wholesale energy markets, where currently only civil sanctions apply. The deadline for responding to the Consultation Paper is 30 September 2014. The…