Vedanta Resources Plc & Anor v Lungowe & Ors [2019] UKSC 20: Supreme Court decides Vendanta case on parent company liability for actions of overseas subsidiary can proceed to trial
On 10 April 2019 the Supreme Court issued its judgment in Lungowe and Ors v Vendanta; the case raises important issues regarding jurisdiction and the potential liability of parent companies in respect of damage caused by their subsidiaries.
Read More
Legal Professional Privilege and the Modern-day Corporation: Where are Things At?
The SFO v ENRC case raises questions about the scope of litigation privilege and legal advice privilege as it relates to the modern-day corporation. This article looks at the Court of Appeal decision in that case and its impact on subsequent cases.
Read More
The CFC group finance exemption: EC’s final decision
The EC has finally found that the group financing exemption in TIOPA 2010 Part 9A Chapter 9 involves unlawful state aid. The main change is that it now accepts that the exemption is justified as a proxy for the complex tracing exercise required by the UK capital criterion in TIOPA 2010 Part 9A Chapter 5.
Read More
Podstreshnyy v Pericles Properties: the serious consequences of disobeying disclosure orders
The recent judgment in Podstreshnyy v Pericles Properties sends a clear message as to how seriously the UK courts take the deliberate breach of disclosure orders made in the context of freezing orders.
Read More
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.
Read More
Deferred Prosecution Agreements are here to stay
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.
Read More
HMRC launches first Criminal Investigations under the new ‘Failure to Prevent’ Offence
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.
Read More
UK Treasury Committee recommends an overhaul of the Anti-Money Laundering and Anti-Financial Crime Regime
A recent Treasury Committee report contained its recommendations on both the anti-money laundering and sanctions regime. It proposes that the Government should undertake a far-reaching overhaul of the current legislation and systems.
Read More
JHA celebrates International Women’s Day 2019
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
Read More
2019: What lies ahead – Uncertain times linked to increased disputes and investigations
Economically and politically there will be uncertainty in 2019. Brexit, the Trump Administration’s trade disputes with China and others
Read More