Hugo Lodge
Specialist in AML, ESG and Financial Crime requirements. Experienced barrister, regulator and regulatory partner. Called to the Bar by Gray's Inn, 1998.
In private practice, advises on AML, targeted financial sanctions and related compliance for investment managers, fund entities, trust companies and banks in London, Cayman, Dubai, New York and Hong Kong. Experienced on anti-bribery & corruption requirements, and data protection.
Published academic author with Oxford University Press on Sanctions, AML and aspects of Counter-Terrorist Financing. Also wrote the Guide to the Criminal Finances Act 2017 for the Law Society of England and Wales. Expert in advising on corporate due diligence and reasonable preventative measures. Experienced jury and appellate advocate.
In the public sphere, prosecuted for the UK Department of BIS, and specialist CPS divisions, later practised at 7BR's complex fraud team. Worked at the UK Financial Conduct Authority (Retail Banking, Enforcement and Market Oversight division as well as leading role at OPBAS, the AML team supervising the UK legal sector). Gave evidence as part of the UK delegation to the FATF evaluation in 2018. Helped with Cayman Islands response to its 2019 mutual evaluation.
Offshore, admitted as an Attorney in the Cayman Islands February 2019. Appointed as Partner in the Regulatory and Financial Services group of Maples and Calder in 2019. Admitted as an Advocate before the DIFC Courts in 2022. Advised the Cayman Islands Government on establishing an AML regulator for attorneys. Head of the Digital Economy Court practice group at Al Tamimi. Advocacy experience (written and oral) in regulatory enforcement cases.
Practice Area
Panel
- Other Publications
Qualified Year
- 1998
Experience
- Drystone Chambers (2020 - 2020)
- Maples and Calder (2019 - 2019)
- Financial Conduct Authority (2017 - 2019)
- 7BR (1998 - 2016)
- Al Tamini and Company (2022 - 2023)
- Chambers of Brian Altman KC and Jim Sturman KC (2023 - Present)
Membership
- Fraud Lawyers Association
- Criminal Bar Association
- Cayman Islands Legal Practitioners Association
- Financial Services Lawyers Association
Qualifications
- MA (Hons) Law (1997)
- BA (Hons) Law (1996)
Education
- University of Cambridge (1996)
- Inns of Cout School of Law (1998)
3 Contributions by Hugo Lodge
PRACTICE NOTES
Perjury in England and Wales: Elements, Corroboration and Proof, Sentencing, False Statements and Statutory Declarations, and the Relationship with Perverting the Course of Justice
in judicial proceedings
Perjury is an indictable-only offence, attracting a maximum of seven years’ imprisonment and/or a fine.
The constituent parts of this offence are set out as follows:
being a witness or an interpreter who has been duly sworn
in judicial proceedings
wilfully making a material statement that is false,
and knowing it is untrue or not believing it to be true
Assisting, encouraging or procuring perjury contrary to section 1 of the Act 1911 (PeA 1911) is likewise an indictable offence and also carries the same ceiling penalty.
Where the principal wrongdoing amounts to a lesser offence triable either way, the maximum sentence available on indictment is two years’ custody and/or a fine; if dealt with summarily, the court may impose an unlimited fine and/or a custodial term not exceeding the general limit in a magistrates’ court (or both). See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction.
Lawfully sworn
The accused must have been sworn in properly by a court or tribunal with authority to administer oaths.
Someone who is not a competent witness, yet is sworn by error, cannot be prosecuted for perjury...
Corporate Crime
PRACTICE NOTES
Public interest immunity in criminal proceedings: disclosure, balancing exercise, sensitive material categories, procedures, special advocates, summary trials and High Court challenges (England and Wales)
Public interest immunity and disclosure
The right to a fair hearing rests on the equality of arms, a principle under which a vital component is access to material gathered by the prosecution during its investigation. Disclosure is governed by a single statutory test: any item that could reasonably be thought to weaken the prosecution’s case, or to aid the defence, ought to be revealed. That entitlement to disclosure is curtailed by the doctrine of public interest immunity (PII), permitting the court to keep relevant information from the defence where it concludes that the public interest requires non-disclosure. The court must conduct a balancing exercise, weighing the defendant’s interest in receiving all information pertinent to their defence against the state’s interest in safeguarding sensitive material. See Practice Note: Obtaining disclosure of unused evidence. The doctrine originated in the civil courts, where it was held that documents need not be produced when withholding them served the public interest. It reflects the civil law development that permitted non-production of documents where the public interest favoured secrecy, and limits a defendant’s access only where such sensitivity justifies withholding disclosure...
Corporate Crime
PRACTICE NOTES
Witness and juror intimidation and reprisals: CJPOA 1994 s51 and CJPA 2001 s39—elements, presumptions and sentencing (England and Wales)
Intimidation of witnesses and jurors
Intimidating witnesses and/or jurors in criminal proceedings is an offence under section 51 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994). A person commits this offence if they:
carry out an act that intimidates, and is meant to intimidate, another person (the victim)
do so knowing or believing that the victim is assisting in the investigation of an offence, or is a witness or potential witness, or a juror or potential juror in proceedings for an offence
act with the intention of causing the investigation or the course of justice to be obstructed, perverted, or interfered with
‘Investigation into an offence’ means an inquiry by the police or any other person charged with the duty of investigating offences or charging offenders. ‘Offence’ includes an alleged or suspected offence. ‘Potential’, in relation to a juror, means someone summoned for jury service at the court where proceedings for the offence are pending.
Revenge against witnesses and jurors
The same section also creates an offence of threatening or harming a witness in retaliation for their having given evidence or for assisting in an investigation...
Corporate Crime
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