Insider Dealing Law and Practice

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.

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
1 - Glossary of Terms Commonly Encountered in Insider Dealing Cases
2 - Legislation
3 - Financial Services and Markets Act 2000 Part VIII (as amended)

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.