The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Although the Investigatory Powers Act 2016 (IPA 2016) repealed and replaced much of the Regulation of Investigatory Powers Act 2000 (RIPA 2000), the provisions in RIPA 2000, Pt III which relate to the power of public bodies to issue notices to decrypt encrypted information or to provide decryption keys remain in force, albeit amended by IPA 2016.
For information on the IPA 2016, see Practice Note: The Investigatory Powers Act 2016—an introductory guide.
RIPA 2000, Pt III regulates the investigation by a public authority of electronic data which is protected by encryption. The provisions are supplemented by a Code of Practice which is admissible in evidence in criminal and civil proceedings.
There are a range of means by which businesses, individuals and criminals can secure and protect their electronic data and to maintain the privacy of their electronic communications. The protection of electronic data can be achieved in various ways, including, at a basic level, a password which gives access to the data in an intelligible form. More complex applications use cryptography to protect access to the data and to put the data itself into a form that is unintelligible without the correct password or key. RIPA 2000, Pt III empowers public authorities to require protected electronic information which they have obtained lawfully or are likely to obtain lawfully be put into an
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
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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