Podcast Location:
Download it here [file size: 21.6 MB]
Categories:
Fraud, Financial Crime & Anti-Money Laundering
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

Simon introduces the podcast on the JSC BTA Bank v Ablyazov [2009] decision by providing some background to the privilege against self-incrimination and its use during Commercial Fraud proceedings. Having provided background to the decision, Simon outlines the facts of the JSC BTA Bank v Ablyazov, the High Court judgement and the arguments relied upon by the Claimant and Defendants during the proceedings. The main part of the podcast provides the listener with an insight into the Court of Appeal judgement and gives advice to practitioners on whether the privilege against self-incrimination can be relied upon in future cases. The final part of the podcast provides tactical advice to practitioners acting in Corporate Fraud disputes on the implications of the decision and whether the privilege against self-incrimination is likely to be a successful delaying tactic or defence during Civil Fraud proceedings.

Outcomes:
After completing the course you will:
  • Understand the facts and central arguments made by the parties in the JSC BTA Bank v Ablyazov [2009] decision;
  • Comprehend the roots of the privilege against self-incrimination and its use during Commercial Fraud proceedings;
  • Appreciate the reasoning underlying the High Court and Court of Appeal decisions in JSC BTA Bank v Ablyazov [2009];
  • Gain an understanding of the practical and tactical issues that Claimants and Defendants ought to be aware of when faced with or when considering whether to rely upon the Privilege against self-incrimination.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Practical Guide
Sources and References:
  • JSC BTA Bank v Ablyazov [2009] EWCA Civ 1124;
  • Tate Access Floors Inc v Boswell [1991] Ch 512;
  • Fraud Act [2006];
  • Kensington International Limited v Republic of Congo [2005] EWHC 2684 (Comm).
Tags:

In this CPDcast, Robert Hunter and Simon Bushell provide an insight into how to effectively respond to Defendants relying upon the privilege against self-incrimination during proceedings arising within the context of Corporate Fraud. In particular, Robert and Simon discuss the recent case of JSC BTA Bank v Ablyazov [2009] where the Court of Appeal considered the extent to which Defendants can rely upon the privilege against self-incrimination in Commercial Fraud trials. In the case, the Defendant attempted to rely upon the privilege against self-incrimination to avoid disclosing the location of assets which were subject to an Interim Freezing Order in Civil Fraud proceedings.

Podcast last reviewed: 2011-07-25

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