The following Corporate Crime practice note Produced in partnership with Roger Matthews of Dentons provides comprehensive and up to date legal information covering:
BREXIT: This Practice Note includes information on the designations on sanctions in the UK under EU law and how it is impacted by the UK’s decision to leave the EU. For more information, see Practice Note: Brexit—introduction to the Withdrawal Agreement as well as Brexit Bulletin—key updates, research tips and resources.
This Practice Note explains the process of the designation of sanctions targets by the United Nations (UN), EU and in the UK under terrorist asset-freezing regime. It also introduces sanctions designations under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018), primary legislation passed in preparation for the end of the implementation period, which creates a power for ministers to pass sanctions regulations and creates a mechanism for the designation of sanctions and to challenge designations. For further guidance, see Practice Notes: Development of sanctions regime in the UK post Brexit—timeline and The UK sanctions framework under SAMLA 2018.
During the implementation period, EU sanctions, in the form of EU Regulations that have direct effect in Member States, will continue to be covered by UK domestic regulations made under the European Communities Act 1972 (ECA 1972). Thereafter, they will be replaced by UK sanctions made under the SAMLA 2018, to the extent that the UK seeks to mirror and maintain the same sanctions regimes as its European
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
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
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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