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Government publishes online safety guidance for businesses

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?

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Snapshot

NGO submits complaints on allegedly discriminatory algorithms for job ads

Published on 25 November 2021. By Oliver Bray, Senior Partner

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How can online platforms ensure their ad targeting algorithms are non-discriminatory?

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Blog

Equity Commitment Letters – are they enforceable?

Published on 24 November 2021. By David Wallis, Partner

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This blog examines a recent High Court decision relating to the construction of an equity commitment letter and asks just how committed is an equity commitment letter?

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Blog

Crippin – ancillary dwelling qualified for principal private residence relief

Published on 24 November 2021. By Constantine Christofi, Senior Associate

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Ancillary property qualifies for principle private residence relief despite being informally rented to friends.

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Blog

Clutching at draws - whose moral rights are they anyway?

Published on 23 November 2021. By Ben Mark, Partner and Louise Morgan, Senior Associate

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In what amounts to a really bad day at the office for architecture practice, Richard Reid Associates (RRA), the High Court recently refused its applications to: (1) add additional defendants to ongoing proceedings; and (2) amend its pleadings to include additional moral rights infringement and breach of contract claims. To make matters even worse, the original defendant, property developer LME, also succeeded in striking out parts of RRA's original claim. We look at the procedural lessons that can be learnt from the judgment below.

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Podcast

Clearer lines of communication

22 November 2021

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With increasing pressure on HMRC to collect more tax with less resource, it is more important than ever to communicate effectively with HMRC.

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Publication

The Week That Was - 19 November 2021

Published on 19 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Publication

RPC Bites #40 - McDonald's wins opposition and dips into Non-Fungible Tokens, border checks on animal and plant-based imports delayed again and the Food and Drink Federation releases its Net Zero Handbook

Published on 17 November 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

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Blog

What's up with disclosure? The pilot goes into a new phase from November

Published on 17 November 2021. By Daniel Hemming, Partner and Olivia Dhein, Professional Support Lawyer

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November ushers in a brand new phase for the disclosure pilot with several substantive amendments being made to the rules.

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Blog

Shinelock Ltd – payment not deductible as a loan relationship debit

Published on 17 November 2021.

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In Shinelock Ltd v HMRC [2021] UKFTT 320 (TC), the First-tier Tribunal (FTT) decided that a payment made by a company to its former shareholder was not deductible as a loan relationship debit and accordingly there was no non-trading loan relationship deficit (NTLRD) to offset the chargeable gain realised on the disposal of a property.

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Podcast

An introduction to InsurTech (With Sarah Kocianski)

16 November 2021

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Welcome to Insurance Covered. In this episode our guest is Sarah Kocianski, Strategic Insight Lead at Founders Factory, an accelerator that invests in FinTech and InsurTech start-ups. This week we are looking at an introduction to InsurTech's.

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Blog

FCA's Perimeter Report – observations for the insurance market

Published on 15 November 2021. By Jonathan Charwat, Senior Associate

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In late October, the FCA published this year's version of its Perimeter Report. The Perimeter Report is intended to clarify some of the complexities about what the FCA does and does not regulate. It also sets out some areas where the FCA sees potential for customer harm.

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Publication

The Week That Was - 12 November 2021

Published on 12 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Blog

English Commercial Court upholds the validity of swap contracts entered into by an Italian local authority

Published on 12 November 2021. By Tim Potts, Senior Associate and Jake Hardy, Partner

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The Commercial Court has found that there was no limitation on the capacity of the Italian local authority Busto di Arsizio to enter into a valid swap contracts with Deutsche Bank.

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Blog

Opening the gateway: Supreme Court favours wide interpretation for service out of the jurisdiction and clarifies rules of pleading foreign law

Published on 11 November 2021. By Davina Given, Partner and Heather Clark, Associate

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In order to sue a defendant who is outside the jurisdiction of the English courts, a claimant must show that damage was sustained in England.

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Publication

Cyber_Bytes - Issue 36

Published on 10 November 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Ridvan Canbilen, Associate and Laura Thackeray, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

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We are back following a break and hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Publication

Take 10 #19

10 November 2021

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

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Blog

The Supreme Court hands down judgment in Lloyd v Google

Published on 10 November 2021. By David Cran, Head of IP and Tech and Alex Vakil, Partner

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In a keenly anticipated judgment that has significant ramifications for UK data protection, the Supreme Court has today overturned the Court of Appeal's decision in Lloyd v Google and restored the original order made by the High Court, refusing the claimant's application for permission to serve proceedings on Google outside the jurisdiction.

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Blog

Fashion on the Block – taxpayer successful with substance over form argument

Published on 10 November 2021. By Constantine Christofi, Senior Associate

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Erroneous EIS form submitted, SEIS1 required in its place; HMRC alerted to the mistake and told to allow rectification.

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Publication

Sports Ticker (9 November 2021) - Valve's NFT ban, new IPL teams and FaZe Clan going public

Published on 09 November 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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During a fortnight which has seen England shine in the T20 World Cup and Glover Teixeira become the oldest first-time champion in UFC history, the Ticker's 50th edition features Valve's ban on NFTs and cryptocurrencies, FaZe Clan's public merger announcement and news of two new teams joining the IPL. We also look at former rugby league players' legal action against the RFL and whether it is the end of the road for the iconic FIFA, EA Sports partnership.

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Podcast

Corporate Crime Reform: A comparative guide

08 November 2021

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In a much anticipated follow up to our previous episode on the Law Commission's consultation on the law of corporate crime in the UK, we are delighted to be joined by Dr Robin Lööf to dive a little deeper into the key issues at the heart of this important topic.

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Publication

Spotlight on Private Wealth - November 2021

Published on 08 November 2021. By Adam Craggs, Partner and Geraldine Elliott, Global Head of Commercial Disputes

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Welcome to Spotlight on Private Wealth. This update is designed to keep you up to speed with developments in the private wealth world. In this edition we explore everything from Royal wills to cryptocurrency.

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Publication

HMRC issues 'nudge' letters to recipients of foreign investment income

Published on 05 November 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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HMRC is targeting taxpayers who received foreign investment income in 2019/20, and who, HMRC believes, claimed foreign tax credit relief incorrectly, or at the wrong rates. HMRC has issued 'nudge' letters to taxpayers encouraging them to reconsider their tax position.

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Blog

The Week That Was - 5 November 2021

Published on 05 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Blog

Pure Legal interest only mortgage claim struck out

Published on 05 November 2021. By Carina McFadden, Senior Associate and Rachael Healey, Partner

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A claim brought by Pure Legal, who entered administration this week, has been struck out on limitation grounds in a further blow to claims for the alleged mis-selling of interest only mortgages.

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Blog

Court of Appeal holds that uncontroverted expert evidence can be rejected

Published on 04 November 2021. By Parham Kouchikali, Partner

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The Court of Appeal has held that there is no rule that an uncontroverted expert report which complies with CPR PD 35 cannot be impugned in submissions and ultimately rejected by the judge.

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Blog

New guidance on Machine Learning – plenty for humans to learn too

Published on 04 November 2021. By Bonar Whitlock, Trainee Solicitor

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A triumvirate of healthcare regulators has published ten guiding principles (the Principles) concerning the development of Good Machine Learning Practice (GMLP). The Principles shed light on the risks posed by artificial intelligence (AI) products that depend on machine learning. Humans should take note.

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Publication

Tax Bites - November 2021

Published on 04 November 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

RPC Bites #39 – Alpro in hot water over environmental claims, the ASA reports on social media alcohol ads and Tesco introduces checkout-less stores

Published on 04 November 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner and Ellie Ward, Associate and Harpreet Kaur, Associate

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Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!!

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Blog

Regulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market

Published on 04 November 2021. By Jon Bartley, Partner and Jonathan Charwat, Senior Associate and Whitney Simpson, Of Counsel

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At the beginning of the week, a number of UK regulators published this year's version of the 'Regulatory Initiatives Grid' which aims to provide a combined pipeline from a number of regulators on ongoing and planned regulatory initiatives affecting the financial services market. Regulators involved include, amongst others, the Financial Conduct Authority, Prudential Regulation Authority, Payments Systems Regulator and Information Commissioners Office.

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Blog

Regulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market

Published on 04 November 2021. By Jon Bartley, Partner and Jonathan Charwat, Senior Associate and Whitney Simpson, Of Counsel

At the beginning of the week, a number of UK regulators published this year's version of the 'Regulatory Initiatives Grid' which aims to provide a combined pipeline from a number of regulators on ongoing and planned regulatory initiatives affecting the financial services market. Regulators involved include, amongst others, the Financial Conduct Authority, Prudential Regulation Authority, Payments Systems Regulator and Information Commissioners Office.

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Blog

GC Field & Sons Ltd – SDLT discovery assessments held to be invalid

Published on 03 November 2021. By Harry Smith, Senior Associate

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Discovery underlying discovery assessment for SDLT planning valid despite change of underlying reasoning, but taxpayer not negligent so appeal upheld.

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Podcast

The Titanic: a tale of insurance (a podcast with Paul Miller)

02 November 2021

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Welcome to Insurance Covered. In this episode our guest is Paul Miller, Senior Consultant at HFG Insurance Recruitment, and we will be discussing the sinking of the Titanic from an insurance perspective.

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Blog

When does an arbitration clause become binding? A reminder from the English High Court in Markel Bermuda Limited v Caesars Entertainment Inc

Published on 02 November 2021. By Paul Baker, Legal Counsel and Sarah Herniman, Associate

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Parties can agree and become bound by an arbitration clause in advance of the finalisation of the remainder of a contract; a recent case in the English High Court concerning an insurance policy has served as a salient reminder. The judgement also includes a thorough walk through of the law as to when an insurance policy comes into existence (Hint: it is not necessarily when the final policy wording is provided to the Insured and/or its broker).

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Publication

Are procedural and administrative errors driving claims?

Published on 01 November 2021. By Laura Stocks, Partner and Georgia Durham, Associate

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The PI insurance market has continued to harden in 2021, with most firms seeing premium increases in their 2021 renewals. As we come out of a highly disruptive period off the back of the pandemic and adjust to a new way of working, the solicitors PI market is likely to continue to see claims arising in areas such as cyber-related incidents, residential conveyancing, commercial property, wills and probate, and lost litigation. In this article we look at a common thread in many of these types of claim: procedural and administrative errors.

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Publication

Lawyers Covered - July 2021

30 October 2021

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Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Lawyers Covered - October 2021

30 October 2021

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Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Blog

The Week That Was - 29 October 2021

Published on 29 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Blog

Stating the not-so-obvious: the importance of highlighting onerous standard contract terms and the perils of e-signing (Blu-Sky Solutions Limited v Be Caring Limited)

Published on 28 October 2021. By Simon Hart, Partner and Connie O'Conor , Associate

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The importance of the duty to "fairly and reasonably" draw any particularly onerous clauses in standard conditions to the attention of customers has been highlighted by the High Court in Blu-Sky Solutions Limited v Be Caring Limited, where a party did not review standard terms when e-signing a contract.

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Blog

High Court finds agency relationship and 'control' for purposes of disclosure where third party not authorised to sign contract for principal

Published on 28 October 2021. By Daniel Hemming, Partner and Joe Cresswell, Associate

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In Quartz Assets LLC and another v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm), the High Court held that a third party authorised to conduct contractual negotiations on behalf of the Defendant, but not sign the contract, was acting as an agent, and that relevant documents which it had created were therefore in the Defendant's control and ought to be disclosed. The decision emphasises that the courts will consider substance over form when determining whether an agency relationship exists, and constitutes a reminder of the definition of 'control' for the purposes of disclosure.

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Publication

V@ Update – October 2021

Published on 28 October 2021. By Adam Craggs, Partner

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Welcome to the October 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Blog

Choose your words wisely: waiving privilege in witness evidence

Published on 27 October 2021. By Suera Hajzeri, Associate and Davina Given, Partner

In a cautionary tale for litigators, the High Court has ordered disclosure of privileged notes of a conversation after a witness referred to the conversation in his witness statement.(1)

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Blog

Buy Now Pay Later: What's coming down the line?

Published on 27 October 2021. By Whitney Simpson, Of Counsel and Nicole Clerk, Trainee Solicitor

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As part of a series of RPC events held during London Tech Week, Whitney Simpson, Senior Associate in the RPC Corporate team hosted a breakout discussion alongside Jourdain Tambo, Regulatory Director at the Compliance Company and Rolf Merchant, Head of Public Affairs at Innovate Finance to discuss the rise of Buy Now Pay Later and upcoming what is in store for that market.

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Blog

Buy Now Pay Later: What's coming down the line?

Published on 27 October 2021. By Whitney Simpson, Of Counsel and Nicole Clerk, Trainee Solicitor

As part of a series of RPC events held during London Tech Week, Whitney Simpson, Senior Associate in the RPC Corporate team hosted a breakout discussion alongside Jourdain Tambo, Regulatory Director at the Compliance Company and Rolf Merchant, Head of Public Affairs at Innovate Finance to discuss the rise of Buy Now Pay Later and upcoming what is in store for that market.

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Podcast

The World Bank

27 October 2021

The World Bak

In this episode, Jamieson Smith, Chief Suspension and Debarment Officer at the World Bank, joins Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to work in every major area of development.

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Podcast

The Global Fund

27 October 2021

The Global Fund

In this episode, Patricia Diaz Dennis, the Sanctions Panel Chair, and Philippe Dewilde, Senior Legal Counsel at the Global Fund, join Robert Waterson and Alice Kemp to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to defeat HIV, TB and malaria and ensure a healthier, safer, more equitable future for all.

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Podcast

The Inter-American Development Bank

27 October 2021

The Inter-American Development Bank

In this episode, Juan Ronderos, the Sanctions Officer, and Samir Fahoum, the Principal Integrity Officer, at the Inter-American Development Bank join Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to improve lives in Latin America and the Caribbean.

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Podcast

The European Bank for Reconstruction & Development

27 October 2021

The European Bank for Reconstruction & Development

In this episode, Paul Kearney, Chief Counsel and Enforcement Commissioner, and Rohan Schaap, the Director of Investigations, at the European Bank for Reconstruction & Development, join Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative.

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Podcast

The New Development Bank

27 October 2021

The New Development Bank

In this episode, Dr Srinivas Yanamandra, Chief of Compliance at the New Development Bank, joins Alice Kemp and John McKendrick QC, of Outer Temple Chamber, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to support infrastructure and sustainable development efforts in BRICS and other underserved, emerging economies for faster development through innovation and cutting-edge technology.

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Podcast

The Caribbean Development Bank

27 October 2021

Caribbean Development Bank

In this episode, Dr Toussant Boyce, Head of the Office of Integrity, Compliance and Accountability at the Caribbean Development Bank, joins Robert Waterson and Alice Kemp to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to reduce poverty and transform lives through sustainable, resilient and inclusive development.

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