Despite post-Brexit challenges to the UK’s legal market and persistent concerns over court funding, confidence remains high among commercial practitioners of London holding its place as a top-tier global disputes centre.
In the first panel of the 2017 Commercial Litigation Summit on 3 July a prestigious line-up of jurists and practitioners assembled to discuss key developments in the commercial courts, focusing on initiatives to improve the London commercial courts and attempts to corral spiralling disclosure. Continue reading “Our leadership: Evolving London’s courts for a global market”
The first session of the afternoon tackled key aspects of global investigations from an in-house and external adviser perspective. Clifford Chance partner Judith Seddon began by looking at deferred prosecution agreements (DPAs) and self-reporting. She posed the question: ‘How effective are DPAs in changing corporate behaviour? From a corporate-governance perspective, does the failure-to-prevent offence focus the board’s attention on the importance of ensuring it has adequate or reasonable procedures?’
In her view, the Serious Fraud Office (SFO) regards DPAs as an incentive for a corporate to put in place processes to ensure compliance, but it has recognised that there is a fine line between incentivising companies to put things right and to confront economic crime. Continue reading “Global investigations: Nowhere to run”
For years, privilege was the invaluable asset taken for granted by the profession. But those days have long since passed, with regulators increasingly testing the boundaries of privilege in a series of investigations and court actions.
This trend has re-opened much of the settled law on privilege and generated several cases – most notably the court battle between the Serious Fraud Office (SFO) and mining group ENRC over the disclosure of internal documents – that have made the area one of the most closely watched fields of civil law. Continue reading “Privilege: A rock and a hard place”