Canadian Briefing - June 2018

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Canadian Briefing - June 2018

Published 25 June 2018

DAC Beachcroft's Canadian Briefing - June 2018 is a selection of legal and regulatory developments that we consider are the most interesting and relevant to our Canadian friends and clients.

Corporate governance and directors' duties in the UK (England and Wales): Overview – 2018

DAC Beachcroft Partners, Nick Gibbon and Giles Peel, Consultant, Clive Garston, and LLP Group Secretary and Adviser, Bridget Salaman, give an overview of corporate governance and directors' duties in the UK in this recent edition of Practical Law.

To view the full article click here.

 

First CPS Prosecution for failing to prevent Bribery

The Crown Prosecution Service ("CPS") has brought the first successful prosecution for the corporate offence of failing to prevent bribery under the Bribery Act 2010. The case turned on whether the company had done enough to prevent the bribery offence and raises issues around self-reporting and the role of a company's officers and directors.

To view the full article click here.

 

Banking & Finance Disputes Update - June 2018

DAC Beachcroft's Banking & Finance Disputes Update focuses on events occurring within the banking, financial, city business and general regulatory sectors that give rise to or concern contentious matters, civil or regulatory.

To view the full article click here.

 

Mediate or face cost consequences – is this still the court’s approach?

A pro-ADR approach has become an integral part of our litigation culture in the UK, with pre-action protocols, the Civil Procedure Rules and the Jackson reforms all promoting the use of ADR whenever appropriate. Endorsing this culture, the courts have encouraged parties to use ADR, particularly mediation, and they have imposed costs sanctions where they consider parties have unreasonably refused to engage in the process.

This article considers two recent decisions by the Court of Appeal on the reasonableness of a party’s refusal to engage in mediation, with very contrasting outcomes.

 

A favourable decision on litigation privilege and regulatory investigation - ENRC reconsidered in Bilta

The court held that employee interview notes and a report prepared by RBS's external lawyers relating to an investigation by HMRC into RBS's alleged participation in carbon credit trading and connected VAT fraud were privileged. The case calls into doubt the general application of ENRC, which held that interviews with employees conducted as part of an internal investigation to deter a criminal prosecution by the SFO were not privileged and should be disclosed.

To view the full article click here.

 

Brexit Briefs - Post-Brexit recruitment

DAC Beachcroft Partner, Nick Chronias, discusses the impact Brexit could have on recruitment, in this video in our series of Brexit Briefs.

To watch the video click here.

 

 

Authors

Jonathan Deverill

Jonathan Deverill

London - Walbrook

+44 (0)20 7894 6045

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