Peters & Peters’ Post

Great working with Rob and Karam on this article on navigating financial sanctions in English law disputes, which covers the latest case law on jurisdictional challenges and on the impact of sanctions on contractual relationships. Worth a read! #Sanctions #Disputes

Proud to have collaborated with my colleagues Stephen Nattrass and Erin Brown on the Sanctions Regime Practice Note for Practical Law Global. Click below to learn more about what has been included in the Practice Note and why it is important for your business. Of course, you can always reach out to a member of our team if you have any questions. #Sanctions #LegalWriting #LegalTopics #Canada #CanadianBusiness

It’s a fairly easy pitch for the putative next Foreign Secretary to point to corruption enablers as the big next target - we’ve had them in our sights formally for several years, but hardly any real action. The underlying question he’ll need to solve is the apparent unresponsive mindset of law enforcement on the issue. Despite being given copious legal foundations to act, our agencies just seem uninterested in pursuing robust anti-corruption enforcement. That’s the big challenge any incoming Minister is going to face. #anticorruption #moneylaundering https://lnkd.in/eHTSKTmn

In their recent article for the Solicitors Journal, Partner Rob Dalling, Senior Associate Karam Jardaneh, and Associate Abigail Dore discusses the key takeaways from recent litigation involving sanctions issues. The authors explain how the rise of financial sanctions imposed by the UK and other jurisdictions against Russia has had a significant effect on private law disputes within the UK. The article explores important themes arising from these disputes such as access to justice, force majeure and illegality, jurisdictional challenges, and the challenges faced by lawyers themselves when representing designated persons. Read more: https://lnkd.in/egMthmRz #Sanctions #Litigation #JennerLondon

[ONLINE] Sanction Compliance under Maltese Law – Developments 30 July The webinar will delve into the various obligations in respect of sanctions compliance as emanating from Maltese law. The webinar will tackle the applicable sanctions regime in Malta, from a legal and regulatory framework, including the role and functions of the Sanctions Monitoring Board, the related obligations of subject persons and of natural and legal persons, and the consequences of non-compliance. Practical insights for compliance with sanctions will also be provided. Instructed by: Stephanie J. Coppini.

[ONLINE] Sanction Compliance under Maltese Law – Developments 30 July The webinar will delve into the various obligations in respect of sanctions compliance as emanating from Maltese law. The webinar will tackle the applicable sanctions regime in Malta, from a legal and regulatory framework, including the role and functions of the Sanctions Monitoring Board, the related obligations of subject persons and of natural and legal persons, and the consequences of non-compliance. Practical insights for compliance with sanctions will also be provided. Instructed by: Stephanie J. Coppini.

Practitioners may sometimes be in doubt whether to consent to or oppose an application for relief from sanctions. The Court of Appeal in Denton v TH White Ltd [2014] EWCA Civ 906 strongly discouraged satellite litigation arising out of litigants taking advantage of minor mistakes. Heavy costs sanctions can be imposed on a party who unreasonably opposes an application for relief from sanctions. By contrast, if it is reasonable to oppose an application for relief from sanctions, then the defaulting party is usually ordered to pay the costs of any application for relief, even if they are successful. In the linked article, Alexander Bradford provides a short guide to making the right decision in this dilemma, with case study examples and practical tips: https://lnkd.in/ejPh9eWW #barristers #relieffromsanctions

Are you prepared to handle civil sanctions? Civil sanctions are becoming an increasingly prevalent tool in regulatory enforcement, with fines now reaching up to 10% of turnover under the upcoming Digital Markets, Competition and Consumers Act. Join our FREE webinar "The growing trend of the use of civil sanctions in regulatory law" on Wednesday, 26 June 2024 at 11:00 BST to gain insights into: ◾ What are civil sanctions? How do they work? And, why should you care? ◾ Case studies on usage for Environmental offences and under the Digital Markets, Competition & Consumers Act ◾ What should you do if you get a civil penalty? ◾ How to challenge a civil penalty. ◾ Why are they likely to be used more in the future? Secure your FREE place now: https://lnkd.in/ed8r8-ND #healthandsafety #legal #civilsanctions #webinar

The Solicitors Regulation Authority (SRA) has ramped up sanctions investigations, reporting 22 cases in the past year — an increase from the previous period. John Binns of BCL Solicitors questioned the SRA’s involvement in sanctions enforcement, given that OFSI is the specialist authority. However, many argue that it's crucial for the SRA to ensure law firms are compliant, given their role in preventing illicit financial flows. As sanctions enforcement grows, law firms must strengthen their compliance programs to avoid scrutiny. https://lnkd.in/e4WF-fwD

Three days to go until a new player enters the UK sanctions enforcement space... Slightly terrifying to think it was 8 years ago that I was sat in the Treasury as OFSI launched. For those not in the know, OTSI is a new entity that will have powers to impose civil monetary penalties for breaches of trade sanctions, and will also have licensing responsibility for standalone prohibitions on the provision of services. There are also new reporting obligations for FIs and law firms. Essentially this starts to align UK trade sanctions with the powers available in respect of financial sanctions; the differences between the two regimes have always been something of an oddity, and have perhaps resulted in a disproportionate focus on financial sanctions compliance at the expense of trade. Navigating these changes is likely to present some challenges, such as working out the exact delineation of responsibilities in UK Gov and the increased scrutiny of trade-related transactions that will be required. It will also be interesting to see what the expectations are in terms of OTSI delivering tangible results, particularly where we have so far only seen one financial penalty imposed under UK financial sanctions targeting Russia (from 172 cases that were being investigated as of April 2023). More detail in a briefing below (published courtesy of LexisNexis UK, for subscribers), or otherwise very happy to chat through what this all means. #Sanctions #OTSI #TradeSanctions #HFW