The Supreme Court of Appeal, South Africa, in the case of Edward Nathan Sonnenberg Inc. v Hawarden, overturned a controversial High Court decision which held ENS liable to a third party with whom it had no contractual mandate following a Business Email Compromise (#BEC) fraud. The recent SCA judgment, in which Clyde & Co successfully represented the appellant, provides valuable clarity regarding the extent of delictual liability in the context of evolving and widespread BEC fraud risks. We await to see how the Constitutional Court deals with Ms Hawarden’s application for leave to appeal. Read more 👉 https://bit.ly/3XYqOVW #DelictualLiability #CyberRisk
Clyde & Co’s Post
More Relevant Posts
-
Fantastic outcome! This judgment provides much-needed clarity on delictual liability in the face of growing BEC fraud risks. Well done to the Clyde & Co team for their expert representation. This is a significant win for businesses and a testament to our firm's expertise in navigating complex legal issues. Let's continue to stay vigilant and proactive in combating BEC fraud! #BECfraud #delictualliability #legalclarity"
The Supreme Court of Appeal, South Africa, in the case of Edward Nathan Sonnenberg Inc. v Hawarden, overturned a controversial High Court decision which held ENS liable to a third party with whom it had no contractual mandate following a Business Email Compromise (#BEC) fraud. The recent SCA judgment, in which Clyde & Co successfully represented the appellant, provides valuable clarity regarding the extent of delictual liability in the context of evolving and widespread BEC fraud risks. We await to see how the Constitutional Court deals with Ms Hawarden’s application for leave to appeal. Read more 👉 https://bit.ly/3XYqOVW #DelictualLiability #CyberRisk
To view or add a comment, sign in
-
The Hawarden v ENS judgment in the High Court in 2023 is probably South Africa's best-known Business Email Compromise case. It had a seismic effect on how business is done via electronic channels - for some sectors, this upturned everyday business conventions such as sending invoices by email. Clyde & Co is delighted to have represented ENS in the successful appeal of the matter in the SCA, which has walked back some of the far-reaching effects of the original decision based on the application of well-established principles of delict. The case is ultimately headed for the Constitutional Court, so watch this space! #BEC #CyberRisk #ClydeOne #Cybercrime
The Supreme Court of Appeal, South Africa, in the case of Edward Nathan Sonnenberg Inc. v Hawarden, overturned a controversial High Court decision which held ENS liable to a third party with whom it had no contractual mandate following a Business Email Compromise (#BEC) fraud. The recent SCA judgment, in which Clyde & Co successfully represented the appellant, provides valuable clarity regarding the extent of delictual liability in the context of evolving and widespread BEC fraud risks. We await to see how the Constitutional Court deals with Ms Hawarden’s application for leave to appeal. Read more 👉 https://bit.ly/3XYqOVW #DelictualLiability #CyberRisk
To view or add a comment, sign in
-
UK Tax Controversy, HMRC Fraud Investigations & Non compliance, International Financial Compliance Expert | Partner | Business Consultancy | Ex-Professional Cricket Player
Another crucial element of the Economic Crime and Corporate Transparency Act (ECCTA) takes effect, involving the expansion of the Serious Fraud Office's section 2A 'pre-investigation' authority. This legislation marks a notable achievement in combatting economic crime while striving to improve corporate transparency. In this article, we will examine the ramifications of the ECCTA on the Serious Fraud Office (UK), delving into the broadened scope of SFO's authority and its influence on the investigative procedures.
To view or add a comment, sign in
-
The Economic Crime and Corporate Transparency Act brings a new era in fraud prevention, demanding vigilant measures from businesses. With fines looming, proactive steps are essential. Julia Arbery provides practical tips and shares what you need to consider in preparation for the implementation of the Act in this article for Governance and Compliance Magazine. #fraudprevention #businesscompliance #compliance #fraudweek #stoneturninsights The Chartered Governance Institute UK & Ireland #GandCmagazine https://lnkd.in/ekvWz_wi
To view or add a comment, sign in
-
SFO makes progress in evidence disclosure reform The Serious Fraud Office (SFO) has made progress in reforming its evidence disclosure regime, but a report by the HM Crown Prosecution Service Inspectorate (HMCPSI) highlights the need for more government funding to address the problems. The report states that disclosure alone accounts for 25% of the SFO's operational budget and 40% of its staff capacity. While the SFO has taken action to improve its disclosure regime, the report emphasises the importance of long-term funding to support the agency in fulfilling its disclosure obligations. City lawyers and anti-corruption campaigners also stress the need for increased resources. The report's findings underscore the wider issue of disclosure in the justice system, particularly in complex economic crime cases. The SFO welcomes the report and aims to implement its findings alongside its new five-year strategy.
To view or add a comment, sign in
-
Protect your organisation from financial malpractice. This course offers you a comprehensive understanding of fraud and corruption empowering you to develop effective strategies to mitigate risks. Delve into the extent of fraud, legal frameworks, management roles, and investigative techniques and earn credits on specific modules towards a formal degree offered at the University of Pretoria. Join today and upskill your future. https://zurl.co/7nmA #Preventcorruption #Skillsdevelopment #FinancialIntegrity
To view or add a comment, sign in
-
JGC Philippines, Inc. filed an official complaint with police authorities against individuals engaging in fraud, extortion, and impersonation activities. The company takes this matter seriously and is committed to protecting its reputation and the well-being of the public. A warning to criminals, extortion is a serious criminal offense, governed by the Revised Penal Code of the Philippines (Articles 294 to 296) and the Anti-Cybercrime Law (Republic Act No. 10175). These laws prescribe penalties for extortionists, including imprisonment and fines. Report suspicious activities promptly, and let’s ensure a safer environment for all. If you encounter any suspicious recruitment offers or extortion attempts claiming to be associated with JGC Philippines, please report them promptly to the Philippine National Police (PNP) or the National Bureau of Investigation (NBI) for proper documentation and investigation. We shall stand firm against extortion and will cooperate fully with law enforcement agencies to bring offenders to justice and face severe consequences. Let us work together to protect our community and uphold the rule of law.
To view or add a comment, sign in
-
If you were injured in a violent crime, there are laws that protect you, by allowing you to sue for damages. These laws are called negligent security laws. Under negligent security law, the victim is able to sue the property owner where the violent crime occurred. Victims are able to do this due to the assumption that property owners failed to provide ample protection for the victim. If you have been injured in a violent crime, contact our office today so we can discuss your specific situation. ☎️
To view or add a comment, sign in
178,429 followers