GC Collective Horizon Scanner

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.

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.

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.

Disability discrimination: when does the employer "know" about a disability? 

This Court of Appeal decision confirms that an employer does not have to take every possible step to establish whether an employee is disabled to avoid having constructive knowledge of disability. The test is what the employer could reasonably be expected to know.

To view the full article click here.

Whistleblowing: awards for detriment claims may include post-termination losses

The Court of Appeal has held that, in principle, whistleblowers can claim post-termination losses if they can show that such losses are attributable to pre-termination detriment. Whether those losses are actually recoverable will be a question of fact.

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.

Brexit - Chambers of Commerce representatives from the UK, US and Germany stress need for certainty and clarity

At a recent seminar hosted by the GC Collective, panel speakers stressed that it is the practicalities of business and trade that matter most to firms, regardless of size, sector, and view, and that the next six months must deliver clarity and certainty for businesses in the form of answers to their many practical questions.

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.

GCs: The first 100 days

In-House Lawyer magazine have, in partnership with DAC Beachcroft, put together a questionnaire to ascertain the challenges and key learnings from GCs' first 100 days in office.

You can access the live questionnaire here.

Upcoming Events:

Data Breach Response Planner

DAC Beachcroft is producing a new Breach Response Planner, which will allow organisations, large or small, to have a comprehensive plan in the event of a data breach. We are hoping to launch the planner in the coming months. If you would like further details in the meantime, please contact us.

Regulatory and Corporate Crime Breakfast Briefing - 20 June 2018

Partners from our Banking and Financial Disputes Litigation and Regulatory Compliance teams together with guest speaker, Rose Chapman, author of Anti-Money Laundering: A Practical Guide to Reducing Organisational Risk, will be hosting a breakfast briefing on Anti-Money Laundering and the practical steps that organisations can take to reduce the risk of money laundering through or within their businesses. The talk will also cover the latest decisions from the Financial Conduct Authority and the Serious Fraud Office and the new Financial Guidance and Claims Act 2018.

Please click here for more information and to register for a place.