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JHA | Blog

The growing popularity of Arbitration in the banking and finance sector and why this trend will continue
Last month the London Court of International Arbitration (LCIA) released its 2018 annual casework report. This showed a notable increase in the proportion of cases relating to banking and finance: up by 5%, from 24% to 29%.  Although this can partly be attributed to the continuing growth in the popularity of arbitration, there are other
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Deferred Prosecution Agreements are here to stay
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In a recent interview, the Director of the Serious Fraud Office (SFO), Lisa Osofsky, has given her support to the continued use of Deferred Prosecution Agreements (DPAs) as an effective tool in the fight against economic crime. DPAs, which are essentially American-style corporate plea bargains, came into use in the UK in 2015.  They allow
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HMRC launches first Criminal Investigations under the new ‘Failure to Prevent’ Offence
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A recent freedom of information request has revealed that HMRC is currently investigating several cases under the corporate criminal offence of failure to prevent the facilitation of UK tax evasion.   This corporate criminal offence, which was introduced in the Criminal Finances Act (CFA) 2017, places a positive obligation on companies to implement procedures to
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UK Treasury Committee recommends an overhaul of the Anti-Money Laundering and Anti-Financial Crime Regime
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A recent Treasury Committee report contained its recommendations on both the anti-money laundering (AML) and sanctions regime. This almost yearlong enquiry, the first part of a two part review of economic crime in the UK, proposes that the Government should undertake a far-reaching overhaul of the legislation and systems currently in place. This is not
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JHA celebrates International Women’s Day 2019
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Friday 8 March is International Women’s Day, which celebrates women’s achievements around the world. This year the theme is #BalanceForBetter in recognition of the on-going global push for professional and social equality. Described as a ‘business issue’, the aim of the theme is to encourage gender balance in boardrooms and the media as a way
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2019: What lies ahead – Uncertain times linked to increased disputes and investigations
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Economically and politically there will be uncertainty in 2019. Brexit, the Trump Administration’s trade disputes with China and others, and the World Bank’s forecast that growth will slow in all major advanced economies causing impending recession, are signed all major causes of that concern. Companies and high-net worth individuals worldwide should be considering how these
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Swedish Cross-border Group Relief Cases – AG Kokott’s Opinions – Swedish rules compatible with EU Law
Advocate General (AG) Kokott has issued her opinion in two cases concerning claims for group relief made by Swedish companies for the losses of wholly-owned direct and indirect subsidiaries established in other EU Member States. The opinions are in line with the AG’s consistent approach that the “no possibilities” test in Marks & Spencer (C-446/03)
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HMRC introduces a new Profit Diversion Compliance Facility
HMRC appears to have concluded that significant numbers of businesses have yet to align their transfer pricing policies with the transfer pricing outcomes of the OECD/G20 BEPS Project. HMRC has accordingly introduced a new Profit Diversion Compliance Facility (PDCF) to encourage multinational enterprises (MNEs) to make voluntary disclosures about any transfer pricing arrangements that fall
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Smaller Firms are Best Placed to Nurture Legal Talent
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Law firms look set to expand their legal teams in the first half of 2019, with a particular focus on their disputes practices. Yet new research, recently shared in the Global Legal Post, suggests that there is a lack of skilled lawyers, legal secretaries and paralegals available in the market to meet this expanding demand.
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The UK Government announces new measures to tackle money laundering in the wake of the Danske Bank Affair
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This month, the UK Government has announced new measures to increase further transparency and tackle corruption. These are aimed at stopping the abuse of limited partnerships (LPs) and Scottish liability partnerships (SLPs) for money laundering purposes, an issue which has again come to the fore since the latest revelations regarding what is commonly known as
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