The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The Financial Conduct Authority (FCA) has a wide-ranging brief, which includes the ability to enforce compliance with its rules and competition law in order to meet its strategic and operational objectives. For more information, see Practice Notes: Financial Conduct Authority—objectives and principles and Financial Conduct Authority—functions.
The FCA has a range of powers that it can use in this respect. This includes regulatory, disciplinary, civil and criminal enforcement powers. For more information, see: Practice Note: FCA enforcement essentials—investigations—The FCA’s Toolkit.
This Practice Note provides an introduction to the FCA’s criminal enforcement investigatory powers. For detailed guidance, consult the FCA and PRA investigations, enforcement and discipline.
For more information about the FCA's approach to investigating firms and individuals, see the following Practice Notes:
FCA enforcement essentials—investigations—Appointment of investigators under FSMA 2000
UK regulators—non-FSMA enforcement powers
Steps in FCA enforcement investigations
Regulatory action against Senior Managers, and
Dealing with the FCA—informal requests for information
The following Practice Notes give information on how to handle disclosure of documents and information to the FCA during an investigation:
FCA and PRA disclosure issues—one minute guide
FCA and PRA disclosure issues—essentials, and
FCA and PRA search and seizure powers and dawn raids
Practice Notes: FCA enforcement essentials—investigations—Pro-active co-operation with the FCA and Offences during an FCA investigation give guidance on dealing with the FCA in general.
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This Practice Note discusses Term Loan B (TLB) facilities which frequently appear as a tranche of senior facilities in syndicated loans in leveraged financings. TLBs are an established feature in the US market and increasingly used in the European lending market for institutional investors.This
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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