10th Jan 2023
The Council of the European Union has taken a step towards digitalisation of legal procedures throughout the European community, with proposals agreed in December. This forms part of the EU’s ongoing, post-Covid, project to transition many of the Union’s processes online. As regards the digitalisation of legal matters, the Council has noted the increasing use […]
22nd Dec 2022
On 4 November 2022 Mrs Justice Joanna Smith handed down a judgement in the case of the FCA v Konstantinos Papadimitrakopoulos & Dimitris Gryparis clarifying and further restricting the use to which evidence obtained from an overseas authority may be put outside of that agreed with the foreign authority. As a former Head of the […]
9th Aug 2022
Following ratification by the US Congress, the Data Access Agreement between the US and UK will enter into force on the 3 October 2022. Originally signed on 3 October 2019, the provisions of the agreement will now take effect three years later. Under the agreement, investigators in each country will be able to obtain electronic […]
12th Oct 2021
On 4 October 2021, Carles Puigdemont, former regional President of Catalonia, and leader of the Catalonian separatist movement, was released from a court in Sardinia, having been arrested, pursuant to a European Arrest Warrant (‘EAW’) issued in 2017, and detained in September 2020 by Italian police. Mr. Puigdemont is wanted by the Spanish authorities on charges […]
30th Mar 2021
On Friday 26 March, the European Union Security and Justice Sub-Committee (“the Committee”) published its report Beyond Brexit: policing, law enforcement and security, which examines the impact of the provisions in the Trade and Cooperation Agreement 2020 (“TCA”) on the UK’s policing and law enforcement capabilities. Over the past three months, the Committee has […]
18th Mar 2021
Speaking on Monday 15 March 2021 at the 9th Annual European Compliance & Ethics Institute Conference, SFO Director Lisa Osofsky downplayed the challenges facing the SFO in the coming year. In particular, the Director appeared unfazed by February’s Supreme Court decision in R (on the application of KBR, Inc) v SFO [2021] UKSC 2, […]
24th Feb 2021
The High Court has refused an application made on behalf of Huawei CFO Meng Wanzhou for disclosure of HSBC records for use in her ongoing legal battle against extradition from Canada to the US, where she faces charges of bank and wire fraud and violation of US sanctions. In the judgment, handed down on […]
9th Feb 2021
Last Friday, in R (on the application of KBR) v SFO [2021] UKSC 2, the Supreme Court unanimously reversed the decision of the Divisional Court and held that the SFO has no power, under section 2(3) of the Criminal Justice Act 1987 (‘the 1987 Act’), to compel foreign companies to produce documents located outside the […]
5th Feb 2021
Earlier today the Supreme Court handed down its judgment in R (on the application of KBR, Inc) v Director of the Serious Fraud Office. The question for the court was whether a compulsory notice issued by the SFO under section 2 of the Criminal Justice Act 1987 could require a foreign person or company to […]
28th Jan 2021
The House of Lords EU Security and Justice Sub-Committee, sitting remotely on Tuesday 26 January 2021, heard evidence from three current and former law enforcement officials. Vice Admiral Sir Charles Montgomery KBE, former Director General of UK Border Force, Steve Rodhouse, Director General (Operations) at the NCA and Assistant Chief Constable Peter Ayling of the […]
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