The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here: https://marketing.hsfkramer.com/20/33497/landing-pages/forearmed-2026.pdf
Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer
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The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here: https://marketing.hsfkramer.com/20/33497/landing-pages/forearmed-2026.pdf
Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer
The Fraud Files EP10: Application of failure to prevent fraud to group structures
Herbert Smith Freehills Kramer Podcasts
22 minutes 13 seconds
3 months ago
The Fraud Files EP10: Application of failure to prevent fraud to group structures
In this last episode of the series, the Corporate Crime and Investigations team considers the application of the Failure to Prevent Fraud offence to complex group structures including in relation to parent companies and their subsidiaries (whether incorporated in the UK or overseas).
Susannah Cogman, Eamon McCarthy-Keen, and Clara Browne examine several important issues in this episode such as: (i) how the offence applies to corporate group structures; (ii) the potential liability of a parent company for the activities of its subsidiaries and their employees, including where the employee is a 'senior manager'; (iii) the application of the offence to global companies; and (iv) conduct across borders. They also provide insight into the steps that businesses should take to prepare for the imminent implementation of the Failure to Prevent Fraud offence at a group and individual subsidiary level.
You can find links to further background reading relevant to the episode below:
(1) Summary table regarding parent-subsidiary liability https://marketing.hsfkramer.com/20/33497/landing-pages/des0004516-v5.pdf
(2) HSF Kramer FTPF Briefing https://www.hsfkramer.com/notes/fsrandcorpcrime/2025-posts/ftpfraud-ready-sep25
(3) The Economic Crime and Corporate Transparency Act 2023 https://www.legislation.gov.uk/ukpga/2023/56/section/204#:~:text=204Guidance%20about%20preventing%20fraud%20offences&text=(1)The%20Secretary%20of%20State,in%20section%20199(1).
(4) Home Office Guidance https://assets.publishing.service.gov.uk/media/67f8ef1845705eb1a1513f35/Failure+to+Prevent+Fraud+Guidance+-+English+Language+v1.6.pdf
(5) UK Finance Guidance https://www.ukfinance.org.uk/system/files/2025-02/UK Finance Failure to Prevent Fraud industry guidance.pdf
Herbert Smith Freehills Kramer Podcasts
The real estate landscape is shifting fast, bringing challenges that developers, investors and occupiers cannot afford to ignore. This podcast features a discussion between the real estate dispute resolution team at Herbert Smith Freehills Kramer, who have pooled their decades of experience into a forward-looking guide – Forearmed 2026 - focusing on 10 key areas where real estate disputes are most likely in 2026 and beyond. In this podcast, the team discuss their key predictions from the guide, which can be read in full here: https://marketing.hsfkramer.com/20/33497/landing-pages/forearmed-2026.pdf
Speakers: Matthew Weal, Frances Edwards, Graeme Robertson, Shanna Davison, Hugh Le Gear and Leon Culot - Herbert Smith Freehills Kramer
