The following Corporate Crime practice note Produced in partnership with BCL Burton Copeland provides comprehensive and up to date legal information covering:
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the order itself (see below: Appeals against confiscation orders to the Court of Appeal). For further information on appeals against confiscation orders, see Practice Note: Confiscation orders—to vary or appeal—Appeals against confiscation orders. The prosecutor also has a limited right of appeal in respect of the making of an order and against a decision not to make an order, see below: Appeals against confiscation orders under ss 31 and 33 of POCA 2002.
Appeals against confiscation orders are not the only possible route of appeal in confiscation proceedings. There is also a right to appeal in respect of:
determinations under section 10A of the Proceeds of Crime Act 2002 (POCA 2002) (see Practice Note: Determining the recoverable amount (benefit and available amount) under POCA 2002—Determining the defendant's and third party interests in property)
compliance orders (see Practice Note: Compliance orders made in conjunction with confiscation orders), and
detention and sale or realisation of property orders (see Practice Note: Enforcement of confiscation orders—Power to sell seized personal property to satisfy a confiscation order (realisation of property orders))
The regime and procedure for appealing: confiscation orders; POCA 2002, s 10A determinations; compliance orders; property detention orders; and sale of property orders are set out in
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This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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