Jonathan Fisher KC has written an opinion piece for the Evening Standard following the Court of Appeal decision to uphold the convictions of ex-traders Tom Hayes and Carlo Palombo in the LIBOR scandal, denying their appeals. However, both are now seeking to take their cases to the Supreme Court.
Jonathan’s article underscores the challenges of applying criminal law to financial markets and the discretion involved in prosecuting alleged dishonesty. He comments that the decision brings relief to the SFO, which would have faced challenges if the convictions were overturned, especially considering Hayes has already served five years. However, questions linger over the fairness of the ruling, with top politicians advocating for the Supreme Court to hear the appeal.
In civil cases, the Supreme Court has discretion in selecting cases, but in criminal cases like this, the Court of Appeal must verify if the case involves an arguable point of law of public importance.
Jonathan writes: “this is an interesting point of law surrounding whether contractual interpretations should be determined by a jury, or a judge. But is it really something of general public importance? We are yet to see.”
Jonathan Fisher KC is ranked as a leading barrister, with extensive experience in civil, criminal and regulatory cases. Jonathan has particular expertise in the areas of Bribery & Corruption, Sanctions, Financial Services Regulation, Fraud, Money Laundering & Proceeds of Crime, and Tax & Insolvency disputes. More info: [Jonathan Fisher KC Profile]
Read piece in the Evening Standard here: [Standard]