Criminal Law

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Recent Articles

  •  
    13/03/2024
    United Kingdom

    Court of Appeal rules that defence of illegality in civil claim is not available if not guilty of criminal offence by reason of insanity

    In Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2024] EWCA Civ 138, the Court of Appeal recently held, by a majority of 2 to 1, that where a person has committed a crime, but has been found not guilty by reason of insanity, the defence of illegality will not prohibit them from claiming damages from those who were responsible for assessing their mental wellbeing at the relevant time.Whilst these circumstances are unusual, they are not novel. This Judgment is particularly important for providers of mental health services and their insurers.Background – Criminal ProceedingsOn 10...
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  •  
    12/03/2024
    EU

    EU takes stand against environmental crimes with new Directive

    The escalating problem of environmental degradation is triggering a re-evaluation of our legal systems' effectiveness in preventing and justly sanctioning such harms. Now the EU has taken a significant step towards safeguarding the environment with the adoption by the European parliament of a proposal for a Directive on the protection of the environment through criminal law that replaces Directive 2008/99/EC. The intention of the Directive is to establish a robust and unified system for preventing, investigating, and punishing individuals and companies that engage in actions harming the environment.BackgroundTraditionally,...
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  •  
    02/01/2024
    England and Wales

    New UK trade sanctions enforcement body

    The Department of Business and Trade has announced the creation of a new trade sanctions enforcement body, the Office of Trade Sanctions Implementation (“OTSI”). In a speech on Monday 11 December, Trade Minister Nusrat Ghani said:“The Office will build up our trade sanctions capability and make sure our sanctions regimes are as impactful as possible.It will also crack down on companies that breach trade sanctions and so help to facilitate warmongers and tyrants to cling to power. Its remit will include the civil enforcement of trade sanctions, as well as providing guidance...
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  •  
    14/12/2023
    England and Wales

    Bribery in the gambling sector: change,“non-leg­al­ity” and grey areas

    For several years the UK authorities, including HMRC, have been investigating allegations of bribery in connection with gambling operations in or relating to Türkiye (the new official name of Turkey). Those under investigation included  GVC Holdings plc, which in 2020 was re-named as Entain Plc.On 5 December 2023, the investigation was resolved by the entry into a “deferred prosecution agreement” (“DPA”) between the Crown Prosecution Service and Entain.  The DPA requires payment  by Entain of penalties, disgorgements and costs totalling £615 million. A...
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  •  
    30/11/2023
    United Kingdom

    Part 4 of the Building Safety Act 2022 – Are you clear on your duties?

    The Building Safety Act 2022 (the “BSA”) contains measures that are intended to improve and maintain the safety of Higher-Risk Buildings (“HRBs”) throughout the building lifespan. The BSA is split into various sections, with Part 4 placing a raft of obligations on dutyholders to ensure the safety of residents during occupation.The BSA is large, complex and heavily supplemented by secondary legislation, as well as government guidance. This Law-Now article is intended as a useful overview and guide to the key provisions in Part 4.Supplementary RegulationsA brief snapshot of...
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  •  
    24/11/2023
    International

    Carbon Border Adjustment Mechanism transition in effect since 1 October 2023

    On 1 October 2023, a two-year transitional period began for implementation of Regulation (EU) 2023/956, which introduces the Carbon Border Adjustment Mechanism (CBAM). CBAM levies punitive CO2 charges against third-country importers of certain goods and only permits CBAM declarants to import these goods into the EU. Although reporting obligations have been imposed for the two-year transition period, CBAM does not fully go into effect until 1 January 2026.A. General InformationFrom 1 January 2026, importers of specific goods from third countries will be required to pay punitive CO2 charges under...
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