The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Although any restriction of the European Convention on Human Rights must be necessary and proportionate, Article 8, in particular, guarantees the rights to respect for private and family life, home and correspondence. Any interference in those rights must be 'necessary in a democratic society for the prevention of disorder or crime'. Article 8 is not engaged when the value of the family home is accounted as part of the available amount. Where there are no ancillary relief proceedings, the defendant’s matrimonial home or his share of it will be included in the available amount.
The fact that this causes hardship to the family when the home is sold to meet the order is not relevant to the calculation. This has been subject to challenge and has been found to be compatible with the Human Rights Act 1998. See Danison v UK (1998) Appln 45042/98 (not reported by LexisNexis®).
That said, a confiscation order must nevertheless be proportionate following Waya (see Practice Note: Proportionality in confiscation proceedings under POCA 2002).
A defendant cannot rely on the forced sale of the family home as a trump card rendering confiscation disproportionate (Parkinson and Reynolds). It may be relevant where the defendant suffers from a particular disability and the home has been specially adapted, however, the appropriate time for consideration of whether a family home must be
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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
Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for murder) but which are reduced to manslaughter because of one of the three special defences (loss of control, diminished responsibility or suicide
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
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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