The following Property practice note provides comprehensive and up to date legal information covering:
The Bribery Act 2010 (BA 2010) came into force on 1 July 2011. BA 2010 repealed and replaced the common law offence of bribery and various statutory offences prohibiting corrupt behaviour. Any offence committed before 1 July 2011 will be dealt with under the old regime.
BA 2010 creates four offences:
bribing another person
soliciting or accepting a bribe
bribing a foreign public official
(for commercial organisations only) failure to prevent bribery
A person (A) is guilty of this offence if they offer, promise or give a financial or other advantage to another person and either:
A intends the advantage to:
induce improper performance of a relevant function or activity by another person, or
reward a person for improper performance of a relevant function or activity, or
A knows or believes that the acceptance of the advantage itself constitutes improper performance of a relevant function or activity
It is irrelevant whether A offers or gives the advantage directly, or through a third party.
For the purpose of BA 2010, s 1(2) it is irrelevant whether the person to whom the advantage is offered, promised or given is the same person who performs the relevant function or activity.
A person (B) is guilty of this offence if they request, agree to receive or accept a financial or other advantage under any of
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Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
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Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
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