In this issue
Welcome
Paradise Lost: The Corporate Facilitation of Tax Evasion
A Bridge Over Three Rivers: Litigation Privilege post-ENRC
Private Prosecutions and Investigative Powers
Suspending extradition proceedings before the English courts: How effective are ICSID provisional measures?
Dishonesty in Criminal Proceedings
Challenging Search Warrants
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If you would like to know more, or discuss how our barristers may be able to help you and your clients, please contact Maurice MacSweeney, our Business Development Director, on 020 7404 1313. 

    

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Feature Articles
Paradise Lost: The Corporate Facilitation of Tax Evasion

Was the timing of the Paradise Papers disclosure on 5 November 2017 impeccable because only five weeks before, the new criminal offences of corporate failing to prevent facilitation of UK/Foreign tax evasion offences came into force? Will the Criminal Finances Act 2017 herald a new dawn for UK prosecuting agencies to make good on successive conservative governments’ promises to crackdown on tax evasion and corporate offending generally, or was it just a coincidence and are both a bit of a damp squib?  Richard Fisher QC gives both his consideration.

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A Bridge Over Three Rivers: Litigation Privilege post-ENRC

On the 2nd October, Eurasian Natural Resources (ENRC) was given leave to appeal the High Court's decision on litigation privilege.  It is a landmark dispute between the Serious Fraud Office and the mining company, and could reset the parameters of legal professional privilege.  Due to be heard by the Court of Appeal before 31 October 2018, it is likely to be the new “go-to” case on LPP.  Philippa Eastwood considers the High Court's judgment, and the impact of the decision which currently stands. 

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Private Prosecutions and Investigative Powers

The current government has publicly stated its commitment to investigating and prosecuting economic crime through State agencies.  However, the number of private prosecutions coming before the courts is increasing, and the well-documented reduction in resources available to the police, CPS, SFO, FCA and other agencies means this trend is unlikely to abate in the short term.  Rupert Bowers QC and Abigail Bright explore some of the issues which arise when the State assists a private individual in investigating and prosecuting crime.

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Suspending extradition proceedings before the English courts: How effective are ICSID provisional measures?

High net worth individuals based in the UK but with international business interests may find themselves subject to allegations of financial wrongdoing either here or overseas; allegations may also be politically motivated.  Such clients need wide-ranging and creative advice, and those with international investments may well benefit from considering launching an arbitration claim alongside defending criminal proceedings.  Emilie Gonin explains how this has worked in some recent cases.

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Dishonesty in Criminal Proceedings

More and more, criminal practitioners are having a eye on developments in the civil law and civil courts.  One recent decision of particular note was the Supreme Court's judgment in Ivey v Genting Casinos, and practitioners should also note the decision in Patterson v DPP.  The Ghosh test for dishonesty, now some three and a half decades old, looks set to be confined to history.  Rebecca Trowler QC considers the potential impact of these two recent cases.  

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In Other News...
Challenging Search Warrants

As well as advising and representing clients in court post-charge, members of Chambers also have extensive experience in providing pre-charge advice, and bringing early challenges relating to the investigation of criminal offences.  One particular area of expertise is in challenging search and seizure operations, and such actions can have a significant effect on the course of any investigation and prosecution, whilst also being a legitimate course to take to vindicate one’s rights for an unlawful violation of privacy that affects one’s personal and business life.

  

We offer advice on how to challenge search warrants, and searches made under s.18 and 32 PACE 1984, as well as on how to challenge any consequent seizure of your client's property, and also offer training to firms on this area, which many find to be a valuable additional tool in the arsenal for defending their clients. 

 

If you would like to discuss this area of our work or our training programmes, please call our Business Development Director Maurice MacSweeney on 020 7400 8906 or email m.macsweeney@doughtystreet.co.uk