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:
The Investigatory Powers Act 2016 (IPA 2016) received Royal Assent on 29 November 2016 and overhauled the legal framework governing the use of covert surveillance by public bodies, a framework which was largely, but not exclusively, set out by the Regulation of Investigatory Powers Act 2000 (RIPA 2000). See Practice Note: The Investigatory Powers Act 2016—an introductory guide.
The Financial Conduct Authority (FCA) is authorised to carry out surveillance to collect information in the prevention and detection of crime. These powers are:
to acquire data in respect of communications (see Practice Note: Acquisition and disclosure of communications data under the Investigatory Powers Act 2016)
to carry out covert surveillance which may be recorded (see Practice Note: Covert intelligence sources)
to use informants (covert intelligence sources or covert human intelligence source (CHIS)), see Practice Note: Covert intelligence sources) and
to require encryption keys or passwords to access electronic data (see Practice Note: Investigation of encryption protected electronic data under RIPA 2000)
The FCA is not entitled to obtain a warrant to intercept communications in the course of transmission. This means that it is not allowed to listen to and record the content of telephone calls. This was the position under RIPA 2000 and remains the case under IPA 2016.
RIPA 2000 set out a framework for the requisition, provision and handling of communications data.
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
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
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
A certificate of title (also known as a certificate on title) is a particular species of report on title.When solicitors are instructed to investigate title to land (for instance, when land is being acquired or offered up as security), they will write a report on title for their client, which sets
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