All posts by Jamie Humphreys

Jamie Humphreys is a litigation and regulatory lawyer. He is a strategic advisor to clients who face critical threats to their business at all stages of the product life-cycle, working with them to ensure the most favourable outcome and manage any reputational impact. He also provides policy advice to clients on proposed legislation and regulations that may introduce profound changes to their business. He has acted on high profile litigation across a range of different industries, internal investigations into allegations of fraud by global products manufacturers, major corruption investigations for Governments, and B2B product liability disputes, international recalls and consumer claims for well-known global brands. He is passionate about the impact that new technologies such as 3D printing, AI and Internet of Things will have in the products space and works with clients to ensure they prosper within a dynamic regulatory environment.

Asset recovery

What states should know about unlawful means conspiracy

The latest entry in our tip-sheet series deals with unlawful means conspiracy. This claim is useful where multiple parties have been involved in a scheme to corruptly defraud a state. We set out the circumstances when it may arrive and explain what you need to establish when bringing the claim. We also touch on how recoveries are calculated. Our tip-sheet is available here.

While the tip-sheet is designed for states, the claim can also be used by companies seeking to sue competitors who corruptly beat them in a tender by paying bribes. Our post on suing bribing competitors can be found here.

Bribery

What states should know about knowing receipt

We have just published our second tip-sheet on the substantive claims available to victims of bribery and corruption, which sets out the key details for a claim in knowing receipt. This claim allows a victim to sue anyone who received the benefit of assets taken in breach of trust, in circumstances where it would be unconscionable for the recipient to keep them. We explain who can be sued, when the claim applies, what needs to be proved, when the claim will fail, and what can be recovered in our tip-sheet here.

Bribery

What states should know about the civil tort of bribery

Click through here for a quick summary of the key issues on the tort of bribery that states, and indeed any victim of bribery, should know. Our tip-sheet covers the basic legal principles, identifying available defendants, the circumstances when a claim can be brought and the facts that must be established to bring a successful claim. It also considers the available remedies and the impact on contractual relationships.

Asset recovery

Asset Recovery tip-sheets

Following the successful launch of our asset recovery blog, we will be publishing a series of tip-sheets on the various types of civil claim that can be made to recover corrupt assets, or compensation for corruption, as well as on key procedural issues that matter in these cases. The tip-sheets are designed to provide an overview of the principal issues. Our self-imposed one page restriction means that we may have to leave some of the detail on the cutting room floor. Our longer briefings will discuss the issues in more detail, but please contact James Maton or Jamie Humphreys if you have any questions about any particular issue.

We will be publishing a new post every Wednesday. Please follow this blog, via the instructions at the top right of this page, if you would like them sent straight to your inbox.

Our first tip-sheet, on the tort of bribery, will follow shortly.

Bribery

What are the civil claims and remedies for bribery in England?

In our latest briefing, we consider the various civil claims and remedies available to states that are victims of bribery. The law of England, and the law of other common law jurisdictions, allow states to pursue claims not only against the bribe-payer and recipient, and but also against those who assisted in the bribery scheme. Those “assisters” are not confined to companies or other legal entities used to pay or receive bribes, or to launder their proceeds, but could extend to advisers such as lawyers and accountants, or to financial institutions. Depending on the type of claim deployed and the circumstances, a state can seek to recover the value of the bribe, the bribe itself or property acquired with it, or compensation for all of losses that have been suffered. There are also powers to rescind or terminate contracts with the wrongdoers.

The range of available claims and remedies inevitably creates complexity, and careful analysis of the facts is required to choose the right claim. Should a state terminate the contract and seek its losses for the other side’s breach or should it rescind the contract, putting each party back in the position they were in before the contract was agreed (less the bribe)? Where a bribe-taking public official has hidden his ill-gotten gains in inaccessible jurisdictions, are there any third parties who assisted his breach who would be susceptible for a claim? This note considers only the English position: there will be additional complexity, nuance and also opportunity if there are competing candidates for the applicable law.

Our briefing, “Civil claims for bribery”, appears here.

Asset recovery

What do I need to know about POCA?

If you’re a company officer or director and need a quick reminder on your responsibilities under the UK’s Proceeds of Crime Act and the anti-money laundering regime, take a look at our one page tipsheet. We cover the following areas:

  • an overview of the Act
  • the definition of “proceeds of crime”
  • confisction and forfeiture of the proceeds of crime
  • money laundering and related offences
  • reporting requirements
  • the regulatory regime