Insider Dealing

Clarke has created a legal text that is not only useful, practical and authoritative, but also a rather fascinating explication of illustrative case law...her book should be considered a must-have purchase for the professional practitioner's library.

Autorentext

Sarah Clarke QC is a barrister at Serjeant's Inn Chambers. She was previously a Technical Specialist and In-House Counsel in the Financial Services Authority's Enforcement Division, where she led teams and advised on investigations, evidence, powers and regulatory law and procedure.

Klappentext

Insider Dealing: Law and Practice, second edition, provides a thorough, practical and straightforward guide to this complex area of law, covering both the criminal and civil regimes, treatment of recent cases and developments, investigation, enforcement, penalties and sentencing.

Zusammenfassung
Insider Dealing: Law and Practice, first edition, was the first work to offer a detailed treatment of the rapidly developing law and practice relating to this complex area of law. The new edition of this leading text continues to provide an easily accessible guide to the practice and procedure of an insider dealing investigation, prosecution or civil action. Significantly updated to take account of the Market Abuse Regulation, which came into force in 2016 and replaced UK domestic law, this new edition contains extensive new material analysing insider dealing behaviour that amounts to market abuse. Coverage has been expanded to include important recent legislative developments and case law, and key primary materials are brought together for ease of reference. Written by a leading practitioner with unparalleled experience in both private practice and at the FSA, Insider Dealing: Law and Practice, second edition, offers a clearly structured and practical treatment of the area.

Inhalt

• 1: Introduction to Insider Dealing

• 2: Trading on the Financial Markets - Essential Principles for Insider Dealing Cases

• 3: A History of Insider Dealing Legislation in the UK

• 4: The European Insider Dealing Directive - The Foundation Stone of Part V CJA

• 5: Part V of the Criminal Justice Act 1993: The Criminal Offences (s 52 CJA)

• 6: Inside Information (s 56 CJA)

• 7: Insiders (s 57 CJA)

• 8: Securities and Regulated Markets

• 9: Dealing

• 10: Territorial Scope (s 62 CJA)

• 11: Statutory Defences

• 12: Prosecution of Insider Dealing Offences

• 13: Penalties and Sentencing

• 14: Insider Dealing - The Civil Market Abuse Regime - The Market Abuse Regulation

• 15: The Civil Offences

• 16: Articles 14 and 8 of MAR - Insider Dealing (The 'Primary Offence')

• 17: Section 118(3) FSMA; Behaviour - Improper Disclosure

• 18: Article 8(2) of MAR - 'Secondary Offences' - 'Recommending or Inducing'

• 19: Market Abuse - Exemptions

• 20: Sanctions for Market Abuse

• 21: Market Abuse Proceedings - Article 6 ECHR and the Burden and Standard of Proof

• 22: Detection and Referral to Enforcement

• 23: The Enforcement Investigation

• 24: Criminal Proceedings

• 25: The Enforcement Process - Market Abuse Proceedings

• 26: The Future

• Appendices

• 1: Glossary of Terms Commonly Encountered in Insider Dealing Cases

• 2: Legislation

• 3: Financial Services and Markets Act 2000 Part VIII (as amended)