The following Financial Services practice note provides comprehensive and up to date legal information covering:
Brexit: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note.
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692 (2017 MLRs), which implement the Fourth Money Laundering Directive (EU) 2015/849 (MLD4) (as amended by the Fifth Money Laundering Directive (EU) 2018/843 (MLD5)) and the Second Wire Transfer Regulation (EU) 2015/847 (WTR2) in the UK, entered into force on 26 June 2017.
The 2017 MLRs have been amended by:
the Money Laundering and Terrorist Financing (Miscellaneous Amendments) Regulations 2018, SI 2018/1337, which have effect from 10 January 2019, and
the Money Laundering and Terrorist Financing (Amendment) Regulations 2019, SI 2019/1511, which implements MLD5 in the UK and has effect from 10 January 2020, apart from Regulation 5(5)(c), which applies from 10 July 2020, and Regulation 6, which applies from 10 September 2020
MLD5, which amends MLD4, was published in the Official Journal of the EU on 19 June 2018 and entered into force on 9 July 2018. Member States were required to transpose the new rules into national law by 10 January 2020.
For information on MLD4 and MLD5, see Practice Notes:
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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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