Category Archives: Corporate internal investigations

Andrew Smith attending Smart Practice in Trade Security conference

Partner Andrew Smith is attending and speaking at the Trade Security Journal’s Smart Practice in Trade Security conference today, Monday 26 June 2017, in London. Smart Practice in Trade Security is a one-day event focused on key compliance challenges and the strategies to tackle them. Presenters will provide strategic guidance on cyber/data security: the threats […]

Lawyers in s2 interviews; are we all pastors now?

In June 2016, after a period of experimentation, the SFO promulgated an amended set of policies concerning the exercise of its power to conduct compelled interviews under Section 2 (s2) of the Criminal Justice Act 1987 (CJA). Part of this package is a document entitled “Presence of an interviewee’s legal adviser at a section 2 […]

Peter Binning comments on former Schroders trader sentence in The Times

A former City fund manager cried yesterday as he was sentenced to two years in prison for insider trading in nine companies over nearly a decade. Damian Clarke, 40, made more than £150,000 between 2003 and 2013 by using his job as an assistant fund manager at Schroders Investment Management to trade on inside knowledge […]

Andrew Smith and Danielle Reece-Greenhalgh article re corporate criminal liability published on Traidcraft blog

The changing face of corporate criminal liability In this guest blog Andrew Smith and Danielle Reece-Greenhalgh of law firm Corker Binning discuss current trends in corporate criminal liability. English criminal law has long recognised that companies can be criminally liable for strict liability offences (e.g. breaches of trade sanctions, where the company itself commits the […]

The changing face of corporate criminal liability

Written with the assistance of Danielle Reece-Greenhalgh. The past two weeks have witnessed some important developments relating to corporate criminal liability. On 30 November, the courts approved the first deferred prosecution agreement (DPA) in relation to the corporate offence of failing to prevent bribery under the Bribery Act 2010. On 9 December, the SFO brought […]

Interviews in corporate internal investigations: Andrew Smith’s article published in GIR magazine

Interviews in corporate internal investigations: admissibility and ILAs Andrew Smith at Corker Binning in London considers the admissibility of internal investigation interviews in English criminal proceedings where lawyers have failed to provide a witness with an Upjohn warning or the offer of an independent legal advisor. This article considers the admissibility in English criminal proceedings of […]

Interviews in corporate internal investigations: admissibility and the role of ILAs

This article examines the admissibility in English criminal proceedings of interviews conducted in corporate internal investigations. This is an underexplored subject. There are two possible reasons for this. First, the practice of internal investigations, and the relationship between an internal investigation and the criminal process, has received no judicial scrutiny in England beyond a small […]

The risk of waiving privilege in regulatory investigations

The recent decision in Property Alliance Group Ltd v Royal Bank of Scotland Plc [2015] EWHC 1557 (Ch) illustrates the civil litigation risk that arises when a party under investigation waives legal professional privilege (LPP) on a limited basis over documents provided to a regulator during a negotiated settlement. Background Property Alliance Group Ltd is […]

Peter Binning comments in LexisNexis on understanding and avoiding internal fraud

Understanding and avoiding internal fraud Corporate Crime analysis: Internal fraud should be a serious concern for every company. Ros Prince, senior associate at Stephenson Harwood and Peter Binning, partner at Corker Binning, explain how its origins can be misunderstood and that a good anti-fraud and whistleblower policies are key. What is internal fraud? Ros Prince […]

Litigation privilege & investigations

The civil litigation initiated by the Tchenguiz brothers against the SFO had led to a number of important interlocutory judgments in the High Court and Court of Appeal. Last month for example Eder J delivered considered judgments on security for costs and discovery in the context of the inadvertent disclosure of documents by one side […]