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PRACTICE NOTES
This Practice Note explains counter-proliferation financing (CPF). It sets out regulatory requirements and discusses the associated risks relating to proliferation financing. It is aimed at businesses caught by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692—see Practice Note: Money Laundering Regulations 2017—scope and application, or for law firms Money Laundering Regulations 2017—scope and application—law firms. Organisations caught by the MLR 2017 must assess proliferation financing risks and put in place policies, controls and procedures to mitigate and manage those risks. What is proliferation financing? Proliferation financing is the act of providing funds or financial services for use, in whole or in part, in the manufacture, acquisition, development, export, trans-shipment, brokering, transport, transfer, stockpiling of, or otherwise in connection with the possession or use of, chemical, biological, radiological or nuclear (CBRN) weapons, including the provision of funds or financial services in connection with the means of delivery of such weapons and other CBRN-related goods and technology, in contravention of a relevant financial sanctions obligation. This is
NEWS
Crime analysis: Could the judicial review into the use of counter terrorism powers lead to a more robust police complaints process? Daniel Clarke of 1 Pump Court and Kate Goold of Bindmans examine the fallout from the scrutiny of the use of powers contained in the Terrorism Act 2000, Sch 7 (TA 2000).
PRACTICE NOTES
This Practice Note outlines counter-terrorist financing provisions (CTF), including the offences and obligations contained in the Terrorism Act 2000 (TA 2000) and related legislation. It sets out what terrorist financing is, how it relates to the anti-money laundering (AML) regime and why it is important for businesses. What is terrorist financing? Terrorists need funds to plan and carry out attacks. The TA 2000 criminalises both the participation in terrorist activities and terrorist financing. In general terms, terrorist financing is the provision or collection of funds from legitimate or illegitimate sources with the intention or in the knowledge that they should be used to carry out any act of terrorism, whether or not those funds are in fact used for that purpose. Counter-terrorist financing and anti-money laundering CTF and AML are different concepts, albeit with similar aims. The CTF and AML regimes run together in UK legislation. Many of the provisions of the Proceeds of Crime Act 2002 (POCA 2002) and the TA 2000 closely mirror one another and the definitions in each are deliberately
PRACTICE NOTES
This Practice Note explains counter-terrorist financing (CTF), including the offences and obligations contained in the Terrorism Act 2000 (TA 2000) and related legislation. It outlines what terrorist financing is, how it relates to the anti-money laundering (AML) regime and why it is important for law firms. What is terrorist financing? Terrorists need funds to plan and carry out attacks. The TA 2000 criminalises both the participation in terrorist activities and terrorist financing. In general terms, terrorist financing is the provision or collection of funds from legitimate or illegitimate sources with the intention or in the knowledge that they should be used to carry out any act of terrorism, whether or not those funds are in fact used for that purpose. Counter-terrorist financing and anti-money laundering CTF and AML are different concepts, albeit with similar aims. The CTF and AML regimes run together in UK legislation. Many of the provisions of the Proceeds of Crime Act 2002 (POCA 2002) and the TA 2000 closely mirror one another and the definitions in each are deliberately
GLOSSARY
A claim brought by a defendant in response to the claimant's claim, which is included in the same proceedings as the claimant's claim.
GLOSSARY
A claim by a defender to a court action against the pursuer in that action.
PRACTICE NOTES
This Practice Note sets out when and how a defendant may bring a counterclaim or other ‘additional claim’ (including a claim for a contribution or indemnity) against an existing party or a new party under CPR 20 and CPR PD 20 and whether it should be brought as a separate claim instead. It explains when the court’s permission is required, how to apply for that permission and what is required when making the application, including the evidence which must be adduced. For general guidance on the contents, filing and service of the defence, see Practice Notes: • Drafting the defence—formalities • Drafting the defence—drafting tips • Filing the defence; and • Serving the defence For general guidance on drafting statements of case, see Practice Note: Drafting statements of case. What is an ‘additional claim’ and when might a party wish to make one? An ‘additional claim’ is ‘any claim other than the claim by the claimant against the defendant’ (CPR 20.2(2)(a)). Additional claims are dealt with under CPR
GLOSSARY
In order to judge the competitive effects stemming from a merger, competition authorities' analyses will compare the market with and without the merger taking place. The competitive situation without the merger taking place is known as the 'counterfactual'.
NEWS
Dispute Resolution analysis: The Court of Appeal considered the application of counterfactual arguments to unjust enrichment claims based upon the principle in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70. The decision affirms the primacy of the principle of lawful authority and limits the scope for public authorities to rely upon hypothetical decision making to curtail restitution. Written by James Saunders, barrister at New Square Chambers.
GLOSSARY
Something is counterfeit if it is made to resemble that which it is not.
PRACTICE NOTES
Making a counterfeit note or coin Section 14 of the Forgery and Counterfeiting Act 1981 (FCA 1981) makes it an offence for a person to make a counterfeit of a currency note or of a protected coin: • intending that they or another shall pass or tender it as genuine, or • without lawful authority or excuse The offence is an either way offence. A person convicted on indictment would be liable to a maximum term of imprisonment of ten years and, on summary conviction, to an unlimited fine and/or a term of imprisonment not exceeding the general limit in a magistrates’ court. See Practice Note: Sentences imposed following conviction—General limits on magistrates’ courts powers to impose custodial sentences following conviction. A serious crime prevention order can be imposed on an individual or an organisation in relation to a breach of the FCA 1981, s 14. See Practice Note: Serious crime prevention orders. FCA 1981, s 14 draws a distinction between cases in which there is proof of an intent that the fake item shall be
GLOSSARY
The other party to a transaction.