The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged to comply, which is usually backed up by penal sanctions for non-compliance.
Section 357 of the Proceeds of Crime Act 2002 (POCA 2002) governs the making of disclosure order in investigations concerned with the proceeds of crime. This section provides for the court to make a disclosure order, which itself authorises an ‘appropriate officer’ to give notice in writing (an information notice), to any person they consider holds relevant information to the investigation requiring that person to:
answer questions, either at a time specified in the notice or at once, at a place so specified
provide information specified in the notice, by a time and in a manner so specified
produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified
The Criminal Finances Act 2017 extended the definition of ‘appropriate officer’ to include personnel from the Her Majesty’s Revenue and Customs (HMRC) and the Financial Conduct Authority (FCA)
Relevant information for the purposes of the POCA 2002, Pt 8 is documentary or other information which the officer considers to be relevant to the investigation.
As was said by Lord Justice Carnwath in Serious Organised Crime
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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