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Emma Houldsworth

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As we enter a recession against the backdrop of ongoing geopolitical instability, we expect to see significant financial crime enforcement and investigations in 2023, including a focus on emerging areas such as ESG, cryptocurrencies, and significant developments in financial sanctions. We predict that developments in 2023 will include:

  1. a renewed focus on fraud, including further
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The recent case of Kyla Shipping grappled with the question of whether, in the circumstances, litigation privilege applied to investigations by a third party expert.  The Commercial Court ultimately upheld a challenge to the claimants’ assertion of litigation privilege over an expert report on the basis that it was not prepared for the dominant purpose…