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01 September 2023
Issue: 8038 / Categories: Legal News , Fraud , Criminal , Disclosure
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NLJ this week: SFO disasters & how to fix them

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The Serious Fraud Office (SFO) has faced some serious stumbling blocks in its time, so is it fit for purpose? In this week’s NLJ, in the first of a three-part series, Penningtons Manches Cooper lawyers Kate Bridgland, associate, Oliver Cooke, senior associate, and Richard Marshall, partner, put SFO prosecutions in the dock.

The collapsed prosecution of three former G4S executives this year is just the latest of many disasters at the beleaguered SFO. Bridgland, Cooke and Marshall outline some of these, and ask what went wrong. They investigate how significant a factor the SFO’s lack of resources may have been in its catalogue of failures to date. They look at the usefulness of ‘blockbuster’ funding. They turn to the issue of disclosure. They discuss the optics of investment, both in terms of financial resources and ministerial support.

The authors write: ‘With additional budget, the SFO would arguably be able to instruct more qualified experts, procure more sophisticated resources, and would have more experienced and well-qualified people on the ground to manage the various elements of complex proceedings (such as disclosure requirements, which have recently been a particular source of difficulty).’

Find Part 1 of the authors' series on the UK financial crime landscape here.

MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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