ARDL Seminar: Confidentiality and disclosure in financial services and fraud investigations

Date: Thursday 17 October 2019

Venue: Irwin Mitchell, 40 Holborn Viaduct, Holborn, London EC1N 2PZ

Confidential documents produced or disclosed for the purposes of investigations conducted by financial services regulators and law enforcement agencies are increasingly the target of applications by third parties who have an interest in obtaining them (e.g. to pursue related civil litigation arising out of the subject matter of the investigation). How are the competing public interests of maintaining confidentiality and ensuring that disputes are decided on the basis of all relevant materials to be reconciled? The seminar will explore recent developments in the approach of the courts and whether the right balance is being struck. It will be of interest to practitioners who advise on investigations, to regulators and prosecutors and to anyone who acts in civil proceedings arising out of regulatory or criminal misconduct.

Speakers: Richard Lissack QC and Robin Barclay of Fountain Court Chambers

Chair: Richard Coleman QC, Fountain Court Chambers

Richard Lissack QC and Robin Barclay are leading practitioners in financial services and corporate crime. Richard Lissack QC’s practice includes international banking and financial services, anticorruption legislation/ Bribery Act, commercial fraud, health and safety, public inquiries and regulatory breaches. At present he is leading teams in the UK and internationally on several of the landmark banking/ regulatory/ criminal cases, including The London Whale, Barclays Capital Raising in Qatar, LIBOR, USB FOREX, ENRC v Dechert LLP, Conoco Phillips. Robin Barclay has a wide-ranging commercial practice specialising in international commercial, criminal and financial services fraud. He regularly appears as both leading or led counsel in the Commercial Court and Chancery Division; in judicial review proceedings in the Administrative Court; and in corporate, white collar and financial services enforcement investigations and prosecutions in the Crown Court or before regulatory/ disciplinary tribunals. As well as trials Robin routinely acts in pre-action and interim applications for or challenges to search orders/warrants, freezing/ restraint orders, disclosure/ production orders/notices, and confiscation and disqualification proceedings.

Time: Registration from 17:30; Seminar 18:00-19:00; Drinks and nibbles from 19:00

Email ARDL@kingsleynapley.co.uk to book your space.