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NEWS
The Crown Prosecution Service (CPS) has reported that Jonathan Allard has been sentenced for his role in an investment scam that defrauded over 40 victims of £3.7m. According to the CPS, between 2013 and 2017, a number of people were offered attractive returns on financial investments through a company called Zurich Private Capital in commodities including oil and soya beans. The CPS and Metropolitan Police identified Allard as the ‘ringleader’ of the scam. He was convicted of one count of fraud and sentenced to seven years and two months at South Crown Court.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 20 December 2012; it is no longer maintained. Case facts Outline European Commission Article 101 TFEU investigation into Rio Tinto Alcan (case number COMP/39.230) Latest developments Commitments have been accepted by the European Commission on 20 December 2012. Rio Tinto Alcan has committed to modify its future technology transfer
PRACTICE NOTES
Section 1 of the Public Order Act 1986 (POA 1986) creates the offence of riot. It is triable only on indictment in the Crown Court. Proceedings for riot or incitement to riot can only be commenced by, or with the consent of, the Director of Public Prosecutions. Elements of the offence of riot Under POA 1986, s 1 the prosecution must prove that: • 12 or more persons • present together • used or threatened unlawful violence for a common purpose, and • the conduct was such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, and • each defendant used unlawful violence, and • intended to use such violence for the common purpose, or • was aware that their conduct may be violent Unlawful violence 'Violence' is defined in POA 1986 to mean any violent conduct. The definition specifically includes violence against property as well as violent conduct towards people. Twelve or more persons and common purpose There must be evidence before the jury
GLOSSARY
Riot is committed where a group of 12 or more persons use or threaten violence for a common purpose and their combined conduct would cause an ordinary person present at the scene to fear for his personal safety.
PRACTICE NOTES
This Practice Note looks at riparian ownership of non-tidal waterways, dealing with the fishing rights which may attach to such ownership and provides links to other relevant content on the extent of the ownership of land adjoining waterways and the rights and responsibilities which can accompany ownership of land adjoining a river or stream. Extent of ownership There is a presumption that the owner of land adjoining a natural, non-tidal river or stream also owns the riverbed up to the centre line of the river or stream. Where the land on either side of the river or stream is in separate ownership, each owner owns half the river bed. This presumption will only operate where there is no evidence to the contrary. For more detailed content on the extent of ownership of land adjoining waterways (including lakes, tidal waters and the effect of accretion and diluvion), see Practice Notes: Property boundaries—Presumptions and The ‘ad medium filum’ rule. Rights and responsibilities of riparian owners other than fishing rights Riparian ownership can bring with it certain rights
PRACTICE NOTES
STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of this revised edition. What does riparian ownership mean and who does it affect? ‘If you own land or property next to a river, stream or ditch you are a riparian landowner.’ Riparian owners have certain rights and responsibilities for the stretch of watercourse that they own. According to Environment Agency guidance, a ‘watercourse’ can be any stream of water flowing: • in a defined channel • through an underground pipe or culvert (an underground structure that water can flow through) A watercourse can be narrow or wide, natural or artificial and includes channels that are dry for long periods of time or that may not flow every year. A watercourse can be a: • river • brook • beck • ditch • stream • leat • goyle • rhyne • culvert In the case of ditches, streams and rivers, it is the landowners on each side of the
NEWS
Law360: The rise in annual costs for UK retirees should be a 'wake-up call' to the government and pensions industry, a former pensions minister said 7 February 2024 as a trade body released new estimates for the cost of living in retirement.
PRACTICE NOTES
This Practice Note identifies key forthcoming or proposed regulatory or legislative changes affecting risk and compliance professionals as at 14 December 2021. It is intended to allow you to plan ahead. Whenever a regulatory or legislative change occurs we will report it via our news updating service. We will also ensure we provide relevant guidance and, if necessary, amend or draft new Precedents. Compliance forecast key dates 2021–2022 When? What? Will I have to do something? 2021 UK government’s revised Modern Slavery Act 2015 statutory guidance expected to be published (originally expected before the end of 2020)—see: Modern slavery Yes December 2021 Government public consultation to enhance how online advertising is regulated, including possible further regulation to tackle misleading or fake advertising due—see: Anti-money laundering and counter-terrorist financing For information Sometime in 2022 Law Commission’s ‘options paper’ on failure to prevent offences expected to be provided to the Government—see: Other financial and corporate crime For information 10 January 2022 ICO consultation on draft journalism code of practice closes—see:
NEWS
Our new Risk & Compliance forecast (as at 16 April 2024) is now live. This month we report on: (1) the annual keeping of the roll exercise; (2) an update on the consultation on the effectiveness of the MLR 2017; (3) an update on the Data Protection and Digital Information Bill; and (4) a SRA consultation concerning the regulation of CILEX members.
PRACTICE NOTES
This Practice Note identifies key forthcoming or proposed regulatory or legislative changes affecting risk and compliance professionals as at 19 July 2022. It is intended to allow you to plan ahead. Whenever a regulatory or legislative change occurs we will report it via our news updating service. We will also ensure we provide relevant guidance and, if necessary, amend or draft new Precedents. Compliance forecast key dates 2022–2026 When? What? Will I have to do something? 2022 UK government’s revised Modern Slavery Act 2015 statutory guidance expected to be published (originally expected before the end of 2020)—see: Modern slavery Yes 2022 New NCA SAR Online Portal expected to go live—see: Anti-money laundering and counter-terrorist financing For information August 2022 ICO to review the Age Appropriate Design Code and the effectiveness of the resources provided—see: Data protection For information 1 August 2022 Companies House intends to launch the Register of Overseas Entities—see: Anti-money laundering and counter-terrorist financing For information 1 August 2022 FATF consultation on beneficial
NEWS
Our new Risk & Compliance forecast (as at 19 March 2024) is now live. This month we report on: (1) a consultation on the effectiveness of the MLR 2017; (2) the UK government’s sanctions strategy; (3) ICO guidance on both biometric data and data protection fining; and (4) an update on the proposed EU directive on corporate sustainability due diligence.
PRACTICE NOTES
This Practice Note identifies key forthcoming or proposed regulatory or legislative changes affecting risk and compliance professionals as at 21 June 2022. It is intended to allow you to plan ahead. Whenever a regulatory or legislative change occurs we will report it via our news updating service. We will also ensure we provide relevant guidance and, if necessary, amend or draft new Precedents. Compliance forecast key dates 2022–2026 When? What? Will I have to do something? 2022 UK government’s revised Modern Slavery Act 2015 statutory guidance expected to be published (originally expected before the end of 2020)—see: Modern slavery Yes 2022 New NCA SAR Online Portal expected to go live—see: Anti-money laundering and counter-terrorist financing For information August 2022 ICO to review the Age Appropriate Design Code and the effectiveness of the resources provided—see: Data protection For information 1 September 2022 Money Laundering and Terrorist Financing (Amendment) (No 2) Regulations 2022 expected to come into force—see: Anti-money laundering and counter-terrorist financing For information 1 September