1. Sanctions: a new dawn for enforcement in the UK? Following Russia’s invasion of Ukraine, the UK’s sanctions regime underwent significant change at speed. The UK’s Office of Financial Sanctions Implementation (OFSI) described 2022-2023 as “a genuinely historic and transformative period for the use of financial sanctions at both global and UK levels”, and it is likely that this will continue over the next 12 months. Given OFSI’s enforcement team has nearly doubled in size in the last financial year, and the government has announced the implementation of a new unit (the Office of Trade Sanctions Implementation (OTSI)) dedicated to implementation and enforcement, the landscape for international businesses already grappling with cross-border sanctions compliance will be no smoother in 2024.
  2. Insolvency & Companies Court boom. The UK’s economic struggles have, unsurprisingly, correlated with an increase in cases in the Insolvency and Companies Court (ICC). The economic landscape for 2024 looks no rosier, and it is likely that the ICC will continue to get busier. Companies are still dealing with the fallout of the COVID-19 years, and subsequently the damage to the financial markets caused by the ill-fated Mini-Budget. Big business is not immune either and we may see a number of larger insolvencies as 2024 unfolds.
  3. Economic Crime and Corporate Transparency Act 2023 – a potential minefield for companies? Businesses will need to grapple with the impact of the Act and, in particular, the new failure to prevent fraud offence, and ensure they are taking active steps to manage their risks – whilst the cost of getting one’s house in order may be substantial, the ramifications for those business that do not are potentially huge. Going forward, corporate criminal liability will remain in sharp focus with the changes proposed in the Criminal Justice Bill. If passed in its current form the Bill will extend the scope of corporate liability for senior managers beyond certain economic offences to all UK criminal offences.
  4. Increased use of AI in dispute resolution. Generative AI and the use of large language models captured the headlines last year not least because a Court of Appeal Judge, Lord Justice Birrs, reported that he had used ChatGPT to aid the writing of his judgments. Generative AI has the potential to unlock massive datasets and allow us to interrogate data in a way that feels familiar by using natural language. In 2024, we will begin to see practical applications of AI develop in dispute resolution. These will include advancements in eDiscovery tools as well as AI assisted legal research.
  5. More litigation relating to ESG regulation. ESG-related litigation has been on the horizon for some time now. With new rules incoming from the Financial Conduct Authority designed to stamp out greenwashing and claims for misrepresentation connected with green credentials already on the rise, we can expect more litigation in this area. Crowd sourced litigation funding is likely to be deployed in certain ESG claims and, as a result, we may see some interesting questions raised about liability for costs in this area.

About our Civil Fraud & Business Disputes Practice: Our team, one of the UK’s largest teams focused in civil fraud, have collectively handled a myriad of high-profile and sensitive matters concerning allegations of fraud and wrongdoing. We advise on complex, cross-border disputes and have represented parties involved in some of the largest fraud cases in the UK courts. Our clients range from HNW individuals to companies, trusts and governments. We regularly act for both claimants and defendants, and have deep experience advising on allegations of breach of director and fiduciary duties, deceit, unlawful conspiracy, secret commissions, and dishonest assistance. Alongside our White Collar Crime team, we advise clients facing the parallel attack of civil claims and criminal regulatory investigations in the UK and overseas.

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Photo of Kathryn Garbett Kathryn Garbett

Kathryn Garbett, Co-Chair of the London Civil Fraud & Business Disputes Practice, focuses her commercial litigation practice on matters related to civil fraud. Kathryn has been involved in some of the most high-profile commercial fraud cases before the Supreme Court in recent times.

Kathryn Garbett, Co-Chair of the London Civil Fraud & Business Disputes Practice, focuses her commercial litigation practice on matters related to civil fraud. Kathryn has been involved in some of the most high-profile commercial fraud cases before the Supreme Court in recent times. Kathryn has a practical and sensible approach and tailors her advice and support to help clients navigate extremely complex legal and factual issues.

Kathryn regularly manages highly sensitive matters spanning multiple jurisdictions, often leading teams of international lawyers and professionals. She offers strategic advice to clients facing a civil claim while simultaneously being investigated by prosecution agencies, employers, the Inland Revenue, and both UK and foreign regulators. She is praised by Chambers & Partners as “a very impressive operator and an astute solicitor” for her ability to provide “experienced guidance in hugely complex matters combined with a fine tactical overview.” Kathryn is also listed as a Leading Individual for civil fraud in Legal 500.

Photo of Claire Broadbelt Claire Broadbelt

Claire Broadbelt, Co-Chair of the London Civil Fraud & Business Disputes Practice, represents clients on multi-jurisdictional civil fraud matters, both pursuing and defending complex claims. Her cases (which have included some of the highest value cases ever before the English High Court) often…

Claire Broadbelt, Co-Chair of the London Civil Fraud & Business Disputes Practice, represents clients on multi-jurisdictional civil fraud matters, both pursuing and defending complex claims. Her cases (which have included some of the highest value cases ever before the English High Court) often involve serious allegations of fraud or misconduct, including the diversion of business opportunities, claims of deceit, breach of confidence, breaches of fiduciary duty, conspiracy, bribery, and secret profits. She regularly handles matters which include worldwide asset-tracing and recovery, freezing and search orders, and other associated injunctions. She advises clients across a wide range of sectors including banking and finance, commodities trading, IT, retail, and property.

Photo of Hannah Blom-Cooper Hannah Blom-Cooper

Hannah is a highly experienced commercial litigator representing individuals and corporations in relation to high-value and complex disputes which frequently involve multiple jurisdictions.

Hannah focuses in the area of disputes arising from business failure and formal insolvency process whether domestic or foreign. Hannah…

Hannah is a highly experienced commercial litigator representing individuals and corporations in relation to high-value and complex disputes which frequently involve multiple jurisdictions.

Hannah focuses in the area of disputes arising from business failure and formal insolvency process whether domestic or foreign. Hannah also provides clear and practical advice on asset recovery and asset protection both for creditors and debtors.

Hannah frequently acts for directors in the context of delinquent businesses where serious allegations of fraud and misconduct are made by the company, shareholders, creditors or an office holder –these will include claims for wrongful or fraudulent trading or disqualification proceedings. Hannah also acts for insolvency practitioners, both pre- and post-appointment, bankrupts, and companies subject to debt recovery.

Hannah is a highly experienced commercial litigator representing individuals and corporations in relation to high-value and complex disputes which frequently involve multiple jurisdictions.

Hannah focuses in the area of disputes arising from business failure and formal insolvency process whether domestic or foreign. Hannah also provides clear and practical advice on asset recovery and asset protection both for creditors and debtors.

Hannah frequently acts for directors in the context of delinquent businesses where serious allegations of fraud and misconduct are made by the company, shareholders, creditors or an office holder –these will include claims for wrongful or fraudulent trading or disqualification proceedings. Hannah also acts for insolvency practitioners, both pre- and post-appointment, bankrupts, and companies subject to debt recovery.

Photo of Martin Shobbrook Martin Shobbrook

Martin Shobbrook has spent his entire legal career focusing on matters related to civil fraud, representing claimants or defendants in substantial cases. His clients include private individuals, companies and trusts and state Governments. For claimants, his experience lies in multi-jurisdictional asset-tracing enquiries often…

Martin Shobbrook has spent his entire legal career focusing on matters related to civil fraud, representing claimants or defendants in substantial cases. His clients include private individuals, companies and trusts and state Governments. For claimants, his experience lies in multi-jurisdictional asset-tracing enquiries often involving Court applications in multiple overseas jurisdictions. His defense work frequently involves high-profile civil proceedings where the defendant is also under investigation by criminal, tax, and other regulatory authorities in the UK or overseas. Noting that fraud does not respect international borders, Martin has considerable experience (drawn from acting for both claimants and defendants) in working with lawyers in several jurisdictions at the same time and is particularly adept at devising and executing strategies across a wide number of jurisdictions at the same time.

Photo of Annabel Thomas Annabel Thomas

Annabel Thomas is an experienced commercial litigator with a strong background in corporate disputes and civil fraud. She represents clients on matters involving asset-tracing and injunctive relief; partnership disputes; competition law; and regulatory/disciplinary litigation. She also handles company and shareholder disputes (including unfair…

Annabel Thomas is an experienced commercial litigator with a strong background in corporate disputes and civil fraud. She represents clients on matters involving asset-tracing and injunctive relief; partnership disputes; competition law; and regulatory/disciplinary litigation. She also handles company and shareholder disputes (including unfair prejudice claims, breach of directors’ duties, JV disputes, LLP disputes and breach of warranty and indemnity claims), as well as insurance disputes (including coverage, subrogated recovery and brokers’ negligence). Annabel’s practice covers litigation in the high court, as well as arbitral proceedings. She is experienced in both defending and bringing claims, often involving multiple jurisdictions and applications for interim relief, including freezing injunctions, search & seizure orders, disclosure orders and security for costs.

Photo of Johnny Shearman Johnny Shearman

Johnny is dispute resolution lawyer and has gained deep experience in handling a broad spectrum of domestic and international disputes. Prior to joining Greenberg Traurig, Johnny held management positions in two leading specialist dispute resolution firms in London.

Johnny has been ranked as…

Johnny is dispute resolution lawyer and has gained deep experience in handling a broad spectrum of domestic and international disputes. Prior to joining Greenberg Traurig, Johnny held management positions in two leading specialist dispute resolution firms in London.

Johnny has been ranked as Recommended Lawyer for Banking Litigation in The Legal 500 UK 2022 being described as “highly recommended” and “engaging and very proactive“. He has worked on some of the highest profile cases in the country including those featured in The Lawyer’s “Top 20 Cases of the Year”.

His legal knowledge encompasses complex contractual and tortious disputes, civil fraud and asset recovery, banking and professional negligence litigation, and contentious insolvency matters. His experience includes disputes at all levels from County Court to Supreme Court proceedings, as well as international arbitration.

He is the co-author of International E-Discovery: A Global Handbook of Law and Technology, Second Edition and he routinely comments on civil procedure and legal developments.

He is also an elected member of The Law Society Council of England and Wales, representing members of the profession with between six and 12 years post-qualification experience.

Johnny was a featured guest on the Legally Speaking Podcast (season 3, episode 9).