Regulatory / Business Crime
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ICO fines Nursing and Midwifery Council £150,000
Last month, the Information Commissioner’s Office (ICO) fined the Nursing and Midwifery Council (NMC) £150,000 after the loss of three unencrypted DVDs which contained sensitive personal data.  The DVDs related to a nurse’s misconduct hearing and contained evidence from two vulnerable...Environmental Regulation Roundtable – 20 February
Brodies has been sponsoring the Edinburgh University Environmental Law Lecture Series for many years now. These are always worthwhile AND FREE events. The upcoming Roundtable on Environmental Regulation and Enforcement at Edinburgh University on 20 February should be good. Three very interes...Dangerous games – Corporate Hospitality under the Bribery Act 2010
As any sports fan will agree, we’ve been spoilt rotten this summer. Whether you have a penchant for football or tennis, weightlifting or synchronised diving, there’s no doubt our sporting calendars have been jam-packed in recent months. Such is the clamour to witness these events live, o...Coulson takes the High Road
Former No. 10 Communications Director Andy Coulson has been detained by Strathclyde Police on suspicion of committing perjury. It’s a source of some irony that Mr Coulson is suspected of having committed perjury in the course of the High Court trial of Tommy Sheridan for…perjury. A pe...Independence, and the Impartial Electoral Commission
The Scottish Affairs Committee has today published its Report on the Scottish Government’s proposed independence referendum question:- Do you agree that Scotland should be an independent country? The Committee, which is a UK Parliament Select Committee, concludes, without a hint of remorse, t...Notice of Intended Prosecution – You are advised to take advice
Former UK cabinet minister Chris Huhne and his ex-wife Vicky Pryce both appeared in court last week to face charges of attempting to pervert the course of justice. The Crown’s position is that Ms Pryce allegedly accepted responsibility for a speeding offence in order to spare Mr Huhne penalty ...Landowners: ignorance is no excuse
The case of SD Cameron Ltd v Procurator Fiscal, Inverness is a salutary reminder to landowners of the importance of getting authorisation from SEPA before carrying out work to inland waters. You can read the full opinion of the Appeal Court, delivered by Lord Mackay of Drumadoon, here. A contracto...Partners in Crime
The Scottish Law Commission has published its Report on reform of the criminal law on partnership. (You can find the Commission’s full report here). The starting point for reform was the case of Balmer v HM Advocate which held that it was not possible to prosecute a partnership which had been â€...First conviction under the Bribery Act 2010
Munir Yakub Patel has become the first person convicted under the Bribery Act 2010. The Act came into force on 1 July 2011 and makes it a crime to request or receive a bribe if in return an individual acts improperly. Mr Patel was a court clerk inLondonand received a bribe of £500 from an......Competition law investigations must be ECHR compatible
 A recent decision of the European Court of Human Rights considered the important question of the compatibility of competition law enforcement regimes with the requirements of the European Convention on Human Rights and will need to be analysed closely to determine its implications for the EU enfo...Know your role – Crown guide for experts
Having spent most of the last month in hearings I’ve had a great deal of time to think about the role a witness plays in proceedings. In regulatory prosecutions an expert witness has a special role. Â Lawyers will often instruct an expert to provide a report and then appear as a witness at a h...Is confession good for business (never mind the soul)?
Those of you who have been following our updates on the progress of the Bribery Act 2010 will be interested to read the Crown Office’s recent guidance on ‘self-reporting’ of bribery offences. I have seen other law firms (which will remain nameless) welcome this guidance as helpfu...Hearsay evidence in professional disciplinary proceedings
Hearsay evidence in professional disciplinary proceedings was discussed in the recent case of Bonhoeffer v General Medical Council.  You can read our full e-update on the case here.  It’s an important decision for regulators but if you’ve not got the time, or inclination, to re...