The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?
Before the commencement of the Crime and Courts Act 2013, Schedule 18, Part 2 (CCA 2013) on the 25 April 2013, the Supreme Court held in Perry that the High Court had no jurisdiction under Part 5 of the Act to make a civil recovery order in respect of property located outside the UK.
Following the decision in Perry, the High Court considered Azam in which the Serious Organised Crime Agency (SOCA) argued that the property freezing order had been valid at the time it was made, ie prior to the decision in Perry, and therefore that the monies were validly transferred to the UK. In seeking to apply Perry, Azam relied on the decision in HM Advocate v Cadder, in which the Supreme Court held that a new statement of
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
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