The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The government has published a series Codes of Practice which provide guidance to investigators on the use of investigatory powers under the Proceeds of Crime Act 2002 (POCA 2002).
Since the first Code of Practice (in relation to cash searches) came into force on 16 December 2002, a number of iterations of that Code and additional new Codes have been introduced. Which version of the Codes apply, depends upon the date on which the powers in issue were used.
The current versions of the Codes can be accessed here and all references to the Codes throughout this Practice Note are to these versions:
POCA 2002 Search, Seizure and Detention of Property Code of Practice (England and Wales) (January 2018)—made under POCA 2002, s 47S in connection with the carrying out by appropriate officers in England and Wales of the functions conferred by virtue of POCA 2002, ss 47C–47H, the carrying out by senior officers of their functions under section POCA 2002, s 47G and the detention of property under or by virtue of POCA 2002, ss 41A, 44A and 47J–47P. This applies to the exercise of all powers covered by the Code on or after 31 January 2018
POCA 2002 Investigations Code of Practice (January 2018)—made under POCA 2002, s 377, in relation to the exercise of functions under POCA 2002, s 343, which are
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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