The following Corporate Crime practice note Produced in partnership with Carolina Bracken of 5 Paper Buildings provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, allows the temporary appointment of Judicial Commissioners during the COVID-19 pandemic and alters the time limits in place for approval by the Judicial Commissioners of urgent targeted and bulk interception warrants, urgent targeted and bulk equipment interference warrants, urgent bulk warrants for the acquisition of communications data and urgent bulk personal dataset warrants. See: CA 2020, ss 22 and 23 and Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020, SI 2020/360. For updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Practice Note: Coronavirus (COVID-19) toolkit.
The Investigatory Powers Act 2016 (IPA 2016) provides the legal framework governing the use of covert surveillance by public bodies which previously had been contained in the Regulation of Investigatory Powers Act 2000 (RIPA 2000), and other legislation.
For information on the oversight arrangements which were in place under RIPA 2000, see Practice Note: Scrutiny of interception under RIPA 2000 [Archived].
IPA 2016, Pt 8 establishes the office of the Investigatory Powers Commissioner (IPC), who is supported by other Judicial Commissioners. IPA 2016, Pt 8 is intended to provide some independent oversight of the use of the powers contained elsewhere in IPA 2016, in part
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The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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