Author Archives: MaltinPR

Crime, fraud and iniquity – how can an allegation of wrongdoing override Legal Professional Privilege?

Legal professional privilege (‘LPP’) is a common currency for lawyers and clients of every discipline. Even in the most amiable transactional work, a lawyer should know whether the advice and communications are privileged or, perhaps more importantly, whether the client expects them to be privileged. Subject to narrow public interest exceptions (for example, where the […]

David Corker writes for The Times on Covid-19 criminal trial reform

Partner David Corker has written an article in The Times on why Covid-19 should be a catalyst for reforming complex criminal trials. “Allowing a defendant charged with a fraud offence a right to choose to be tried by a judge alone without a jury is one way of facing up to the challenge,” writes David. Read […]

Failure to prevent economic crime

A further expansion of corporate criminal liability becomes ever more likely. The law on money laundering is continually evolving at both a national and EU level, as EU governments struggle to combat ever increasing levels of economic crime. The latest legislative change is the transposition into UK law of the Fifth EU Anti Money Laundering Directive […]

Andrew Smith comments in Newsweek on Prince Andrew MLA

Partner Andrew Smith has been quoted in Newsweek on the US Department of Justice issuing a Mutual Legal Assistance (MLA) request to the UK Home Office to force Prince Andrew to testify about Jeffrey Epstein. “[Prince Andrew] would be entitled to refuse to answer the questions only if he could validly assert privilege against self-incrimination. He […]

Peter Binning quoted in BBC News

Partner Peter Binning has been quoted in BBC News on the recording of video calls in cases of unfair dismissal. “Whoever wants to use the evidence has to be able to prove that it had been properly recorded and was genuine but it would be a matter for the court or tribunal to decide whether […]

Claire Cross quoted in GIR on MLAT requests

Partner Claire Cross has been quoted extensively in Global Investigations Review (GIR) in an article about allegations of needless Mutual Legal Assistance Treaty (MLAT) requests having been made to the Financial Conduct Authority (FCA). “MLATs should not be used lightly. It is generally understood that MLATs should only be used where the request will add […]

Claire Cross writes for Law360 on FCA’s “Dear CEO” letter

Partner Claire Cross has written an article for Law360 regarding the Financial Conduct Authority (FCA)’s recent “Dear CEO” letter. “The year 2020 has seen a change in tack by the FCA and there has been a veritable flurry of these letters, which are designed to highlight specific issues of concern that have arisen in certain […]

Is the SFO able to meet the challenge of Covid-19?

The Economist recently published an article entitled “The economic crisis will expose a decade’s worth of corporate fraud”. Quoting from academics and investigators – and drawing on the experience of the dot com crash and the 2007-2009 financial crisis – the article argues that the economic meltdown precipitated by Covid-19 will expose a multitude of […]