Herbert Smith Freehills Podcasts

Herbert Smith Freehills Podcasts
Herbert Smith Freehills Podcasts Podcast

A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com

  1. Commercial Litigation EP27: General update

    1 DAY AGO

    Commercial Litigation EP27: General update

    In this 27th episode of our series of commercial litigation update podcasts, we give updates on new legislative provisions relating to retained EU law, a decision refusing to allow a case to proceed as an "opt-out" representative actions under CPR 19.8, and a recent case that shows what can happen when parties disregard the rules on the preparation of trial witness statements. This episode is hosted by Maura McIntosh, a professional support consultant in our litigation team, who is joined by Rachel Lidgate, a disputes partner, and John Lee, a senior associate in our disputes team. Below you can find links to our blog posts on the developments and cases covered in this podcast. • Retained EU law (or "assimilated law"): New rules on interpretation and new reference procedures from 1 October https://www.herbertsmithfreehills.com/notes/litigation/2024-09/retained-eu-law-(or--assimilated-law-)--new-rules-on-interpretation-and-new-reference-procedures-from-1-october • Representative actions under CPR 19.8: High Court strikes out claim for compensation on behalf of passengers in 116,000 delayed or cancelled flights https://www.herbertsmithfreehills.com/notes/litigation/2024-09/Representative-actions-high-court-strikes-out-claim-for-compensation-on-behalf-of-passengers-in-116,000-delayed-or-cancelled-flights • Trial witness statements: High Court decisions highlight importance of compliance with Practice Direction 57AC https://www.herbertsmithfreehills.com/notes/litigation/2024-09/trial-witness-statements--high-court-decisions-highlight-importance-of-compliance-with-practice-direction-57ac

    16 min
  2. The Fraud Files: Decoding the Economic Crime Act EP6: Identification doctrine reform

    SEP 12

    The Fraud Files: Decoding the Economic Crime Act EP6: Identification doctrine reform

    Under the so-called identification doctrine, companies could previously only be held criminally liable for a criminal offence requiring a particular mental state (e.g. knowledge, dishonesty etc.) if the mental state of a person representing the company's "directing mind and will" could be attributed to the company. In response to suggestions that the doctrine did not adequately deal with the realities of corporate structures, making it disproportionately difficult to prosecute large organisations for wrongdoing committed by their employees, Parliament enacted the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), which introduced a new statutory route to attributing criminal liability to a corporate. Under new provisions which came into force in December 2023, a corporate can be liable where a ‘senior manager’, acting with their actual or apparent authority, commits a listed economic crime offence. In this episode, Elizabeth Head, Eamon McCarthy-Keen, and Jessica Chappatte discuss the background to the reforms, the new provisions of the ECCTA 2023, and the implications for businesses of this expanded route to corporate criminal liability. You can also read our briefing on this topic, which is available on our blog: https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2023-06/further-uk-corporate-criminal-liability-reform-corporates-may-be-liable-for-actions-of-senior-managers

    23 min

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A series of thought leading podcasts ranging on topics and sectors by Herbert Smith Freehills. For more information please visit www.herbertsmithfreehills.com

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