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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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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