Kingsley Napley Blog
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Kingsley Napley Blog
20h ago
In Say Chong Lim & others v Chee Kong Ong (a bankrupt) (also known as Francis Ong) [2024] EWHC 373 (Ch), the High Court imposed an immediate custodial sentence of 22 months on the respondent, Mr Ong, in relation to seven counts of contempt of court ..read more
Kingsley Napley Blog
3d ago
The Online Safety Act 2023 (the OSA 2023) now has a firmly established statutory footing, and is making significant waves in the online regulation landscape. To further consolidate the OSA, the Crown Prosecution Service (CPS) has published new and updated guidance which is intended to help prosecutors make decisions on the newly established communication offences ..read more
Kingsley Napley Blog
1w ago
In a landmark case, Nicholas Hawkes, from Basildon, Essex, has become the first person to be convicted and imprisoned in England and Wales for the criminal offence of cyber-flashing. This historic verdict marks a significant moment in the life of the Online Safety Act 2023 (OSA), which aims to combat digital harassment and safeguard online communities ..read more
Kingsley Napley Blog
1w ago
The CMA has published its Annual Plan for 2024 to 2025 (the “New Plan”), following engagement with more than 70 businesses and other organisations across the UK ..read more
Kingsley Napley Blog
1M ago
Financial sanctions and, in particular, targeted asset freezes, impact not only the sanctioned individual but also their family and close associates. The UK sanctions regime recognises there are circumstances where otherwise prohibited transactions or activities should be permitted. There are now many different sanctions regulations but they all broadly contain similar exceptions and the power for the Office of Financial Sanctions Implementation (OFSI) to issue general and specific licences where the relevant grounds apply (for example, to enable the basic needs of a designated person or finan ..read more
Kingsley Napley Blog
1M ago
The programme The Jury: Murder Trial being broadcast on Channel 4 is already proving to be fascinating viewing. The programme in 4 parts follows the deliberations of two juries as they observe a murder trial ..read more
Kingsley Napley Blog
1M ago
Insider dealing has long been a serious topic for financial services firms and their regulator, and continues to be a widespread issue across the sector. In the UK, activities which can amount to insider dealing have been criminalised since the 1980s, and are now covered by Criminal Justice Act 1993 (“CJA”), as amended most recently by The Insider Dealing (Securities and Regulated Markets) Order 2023. In England and Wales, the Financial Conduct Authority (“FCA”) is empowered by section 402 of the Financial Services and Markets Act 2000 to prosecute criminal offences of insider dealing under th ..read more
Kingsley Napley Blog
1M ago
Cases relating to historic sexual offences seem to have dominated the media in recent times. Some difficult and sensitive issues can arise when the courts are dealing with such cases. When sentencing offenders convicted of historic sexual offences, relatively recent case law provides some helpful guidance (in particular, the cases of R v Limon [2022] EWCA Crim 39; R v Ahmed and others [2023] EWCA Crim 281; and, R v A (Whitelam) [2023] EWCA Crim 1204 ..read more
Kingsley Napley Blog
1M ago
For firms regulated by the Financial Conduct Authority (FCA), it is vital that the business – and its relevant employees – ensure that its conduct is without reproach in order to avoid supervisory or regulatory difficulties. This extends to issues of governance and administrative matters, as well as more obvious issues of conduct (such as, for example, financial misconduct) which often receive more press ..read more
Kingsley Napley Blog
1M ago
In January 2024, France’s highest court ruled that LafargeHolcim could be charged with crimes against humanity. This marks the “end of the beginning” of the long-running criminal proceedings against the international cement group and reinforces France’s reputation as an international leader in prosecuting cases by claiming universal jurisdiction ..read more