In this issue
Ill-gotten gains and Unexplained Wealth Orders: A new game of hide and seek?
Co-operation need not lead to loss of privilege: SFO v ENRC revisited.
Assessing the Value of Benefit: Gross Turnover or Profit?
Business crime and the draft Sentencing Code
Regina v ALI BAHBAHANI [2018] EWCA Crim 95
R (on the application of Gibson) (Appellant) v Secretary of State for Justice (Respondent) [2018] UKSC 2

Doughty Street Chambers is well known for its commitment to human rights and civil liberties, and this extends to our financial crime work where we fiercely protect the right of our clients to a fair trial, whether they are an individual tax-payer or a FTSE Chief Executive.  In this second edition of our Business Crime & Investigation Team's bulletin, members consider some topical issues, some things on the horizon, and some new cases which we hope may assist you in the defence of your clients facing criminal proceedings.


In particular, we look at how Unexplained Wealth Orders are bedding in since they came in to force at the end of January.  Consideration is also given to how the Law Commission's consultation on a new Sentencing Code may impact on businesses, and we review some Court of Appeal and Supreme Court decisions on confiscation.  We are particularly delighted to introduce you to Peter Caldwell (1995 Call), the newest member of our team, who provides an update on litigation privilege whilst we wait for a decision in the ENRC appeal.    


If you would like to discuss any of the issues raised in these articles, don't hesitate to be in touch.  In addition, our practice management team will be pleased to let you know more about our Business Crime experience, and to introduce you to our specialist counsel and client-focused approach; they can also let you know about our extensive bespoke client training programme.  Feel free to e-mail us or call on 020 7400 9088.


Rupert Bowers QC & Richard Fisher QC