header-logo header-logo

NLJ this week: It’s ambitious, but will it be effective? Analysing ECCTA 2023

08 March 2024
Issue: 8062 / Categories: Legal News , Commercial , Fraud , Criminal
printer mail-detail
162791
Performative law-making or a driver for real change? The Economic Crime and Corporate Transparency Act 2023 is dissected and examined in this week’s NLJ by Tom Forster KC and Katie Bacon

Forster and Bacon, both of Red Lion Chambers, take an in-depth look at the ‘ambitious’ Act, which extends criminal liability for corporates and creates a ‘failure to prevent’ fraud duty for large organisations, and much more. They set out the background to the Act, discuss its scope and consider how effective it will be in practice. Fraud is a major issue, accounting for about 60% of crime, according to the Office for National Statistics. The National Crime Agency has estimated more than £100bn may be being laundered through the UK every year.

Will the Act work? More resources may be needed. Forster and Bacon assert the Act’s measures ‘represent powerful tools’ but call for the investigative and prosecution agencies to be properly resourced ‘so as to provide a clear and credible enforcement threat’.

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll