Regulatory, Governance & Investigations

On 1 October 2015, new provisions came into force which extend the director disqualification regime. These have been introduced by the Small Business, Enterprise and Employment Act 2015. Perhaps the most eye-catching change is that for the first time the courts will be able to order a director to personally pay compensation to creditors who […]

Fladgate is delighted that a number of its partners and associates have been ranked in the 2015 Super Lawyers UK List, published by Thomson Reuters. Super Lawyers Banking Law Paul Howcroft Kim McMurray Charles Proctor Business Affairs Paul Airley Avram Kelman Eddie Powell David Robinson Commercial Litigation Simon Ekins Commercial Property Antonia Brandes Allen Cohen […]

The “blame culture” targeting directors is here to stay: Some practical steps to protect directors from litigation Over the last decade the business world has changed forever. Corporate scandals on a considerable scale, amendments to securities regulations worldwide, increased shareholder awareness and extended rules on corporate governance have made being a company director in the […]

The English Courts have never shied away from addressing fraud claims head-on. The courts have responded to the trend claimants to seek increasingly wide forms of freezing orders by taking a flexible approach to compel disclosure (thus assist the preservation of assets) while simultaneously seeking to protect the respondent’s position appropriately. To reflect corporate ownership […]

Anil Rajani, Partner at law firm Fladgate, reckons the SFO should take a leaf out of the FCA’s book when it comes to the “self reporting” of wrong-doing within companies. Business leaders are increasingly finding themselves between a rock and a hard place in the tricky terrain that is the economic crime landscape. “The rock” […]

We’ve recently seen yet another round of substantial fines by regulators against banks. This time the £3.6bn of fines against banks are for the foreign exchange (forex) scandal, where the banks stand accused of rigging the forex market. For most the impact of the forex scandal is not immediately obvious. We have set out an […]

A recent case has shown that small sites combined with last-minute changes can be disastrous – so pay attention to variations. A recent case before the Southwark Crown Court highlighted that small sites with last-minute changes are a particularly dangerous combination. Variations require as much attention as the original design. In this case, however, the […]

A simple phrase is crucial to avoid being unintentionally bound by an agreement in settlement negotiations, explains Sophia Purkis. Settlement negotiations may often be challenging and conducted under pressure. In Bieber v Teathers (in liquidation) [2014] EWHC 4205, the court issued a stark reminder to make sure that offers are made expressly ‘subject to contract’ […]

After facing a barrage of criticism over the last few years following a series of high profile failures, such as the Tchenguiz affair, the SFO appears to have clawed some pride back after the Sustainable AgroEnergy PLC (SAE) convictions at Southwark Crown Court. But has there truly been a turn in its fortunes? Many believed […]

Such cases have increased as state prosecuting agencies and police are increasingly cash-strapped and under-resourced. Once again the right to bring private prosecutions in criminal courts has featured in headlines, the latest case involving a student at Southampton University who filmed a man swearing at him using a camera hidden in his sunglasses. Using this […]

Private prosecutions are again in the headlines. Recently a 20 year old university student went to extreme lengths by purchasing specially adapted sunglasses to record the actions of his harasser. Using the evidence gleaned, he then brought a private prosecution which resulted in the defendant pleading guilty and spending a day in jail. The right […]

After failing in her attempts to overhaul the Serious Fraud Office three years ago in the face of staunch opposition from the former attorney general, Dominic Grieve QC, and Justice Minister, Kenneth Clarke, Theresa May is now considering reviving her plans to dismantle the much maligned organisation. The SFO has received its fair share of […]