The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) including:
CFA 2017, s 14 inserted three new items to the list of items that may be seized under POCA 2002, s 289(6)—betting slips, gaming vouchers and fixed-value casino tokens. Gaming vouchers are vouchers in physical form issued by a gaming machine, which represent a right to be paid the amount stated on it. Fixed-value casino tokens are tokens that are issued by a casino that represent a right to be paid the value stated on them and betting slips are receipts in physical form that represent a right to be paid an amount in respect of a bet placed with a person holding a betting licence. This provision came into force on 16 April 2018
CFA 2017, s 15 inserted a new Chapter 3A into POCA 2002, Pt 5 which created new civil powers, similar to the existing cash seizure and forfeiture scheme, to enable the forfeiture of items of personal property, like precious metals and jewels, see Practice Note: Recovery of listed assets under the Proceeds of Crime Act 2002. The list of assets which are specified in the new section of POCA 2002 (POCA 2002, s 303B), can be
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary blip in the company's performance, or it may signal the need for more extensive restructuring to come. It will be crucial to check how often the
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.