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PRACTICE NOTES
There are several offences of tipping-off and prejudicing an investigation that apply to the regulated sector. There are also related offences of prejudicing an investigation and interfering with documents. This Practice Note discusses the offences of tipping-off and prejudicing a money laundering investigation under the Proceeds of Crime Act 2002 (POCA 2002). It reflects the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692. Suspicious activity report The principal money laundering offences are: • concealing criminal property • being concerned in an arrangement that facilitates money laundering • possessing criminal property POCA 2002 imposes an obligation to report knowledge or suspicions of money laundering. This is done by way of a suspicious activity report (SAR). You will have a defence to a principal money laundering offence if you make a SAR to the National Crime Agency (NCA) and you receive appropriate consent (or a defence) to do an act that would otherwise constitute such an offence. POCA
PRACTICE NOTES
This Practice Notes sets out tips for participating in or leading projects. In-house lawyers need project management skills even if the opportunities to lead projects are relatively infrequent. Familiarity with the principles of project management and some of the tools will assist you to: • manage your matters • contribute to projects • scope effort more effectively with law firms, and • take action when a project is not being well managed. It is common for in-house lawyers to get asked to explain or sort out matters that have previously been assigned elsewhere in the organisation. You need to be mindful of the warning signs and encourage other team members to take a lead on projects, so that you do not become shadow project managers to the detriment of what you should be focusing on. An overview of project management The key phases of a project are: • initiation/set up • planning • execution/delivery • delivery • close As well as utilising the wider guidance in this subtopic:
PRACTICE NOTES
What is change management? In its broadest sense, change management is the process of taking a group or organisation from one state to another in such a way that their attitudes and behaviours alter so that the new state successfully becomes the norm. It can be used more specifically to describe a process of cultural change, normally associated with restructuring or business transformation, or as the process which runs alongside a large-scale software or service implementation to ensure users’ behaviour changes in line with the new technical capabilities. In an era of rapidly evolving technological change with artificial intelligence making its presence felt in every organisation, the need to respond positively to change has never been more important. What gets in the way of change? Some people prefer change and variety, some prefer things to stay the same and a few don’t have a strong preference either way. People whose natural preference is for things to stay the same will tend to find change emotionally stressful and either avoid it or actively undermine
NEWS
Law360: The Victims and Prisoners Act 2024 was passed into law on 24 May 2024.
PRACTICE NOTES
Introduction This Practice Note gives high level guidance on trading with a company that is in liquidation or administration, which are insolvency processes where the control of the company is taken over by an insolvency practitioner. The guidance is also relevant for administrative receivership, though that insolvency process is only available in very limited circumstances. Procedures where the directors remain in control are also covered eg company voluntary arrangements and moratoria under Part A1 of the Insolvency Act 1986 (IA 1986). For more detailed discussion and guidance on this subject, you may wish to refer to the following Practice Notes: • A creditor’s guide to dealing with a company in financial difficulty • Dealing with suppliers, customers and ROT claims • Factors the court will take into account when deciding whether to lift or impose a liquidation stay • The moratorium in administration This Practice Note does not cover the position of landlords, or of directors' personal responsibility during this trading period. For guidance on these issues, see Practice
NEWS
Law360, Expert analysis: The US Supreme Court's decision to strike down the Sackler family's liability shield in the Chapter 11 plan of Purdue Pharma LP not only eliminates a key tool to resolve mass tort liabilities through bankruptcy, it gives claimants more leverage and fundamentally changes the insolvency landscape in future cases, experts tell Law360.
GLOSSARY
Title (property) is the legal right to own, use and dispose of property, and the evidence proving that right. In practice it identifies who may sell, mortgage or grant rights over an asset. The term is descriptive, though land registration laws set out effects of registration and, in some systems, classes of title.In England and Wales and Northern Ireland, title to land is primarily evidenced by the register (Land Registration Act 2002; NI legislation), with classes including absolute, possessory, qualified and good leasehold; unregistered land relies on deeds and a good root of title. Covenants for title (e.g. full or limited title guarantee in England and Wales) allocate risk of defects.In Scotland, ownership is a real right acquired on registration in the Land Register (2012 Act); the title sheet shows the proprietor and title conditions. Classes such as “absolute”/“possessory” are not used; warranty is by warrandice.In Ireland, the Property Registration Authority’s register evidences title, with similar classes to England and Wales.Practically, conveyancers investigate and certify good and marketable title, resolve defects, check burdens/encumbrances (easements/servitudes, covenants, charges) and, where needed, obtain title insurance. Distinguish legal title from beneficial ownership (e.g. under trusts).
GLOSSARY
A title abstract is a chronological summary of the deeds, registers and events that evidence ownership of land and any third-party rights affecting it, prepared for conveyancing due diligence. It is usually compiled by the seller’s solicitor to “deduce title” to a buyer and lender.The abstract typically identifies a good root of title, then lists/analyses transfers and conveyances, mortgages and discharges, leases, easements/servitudes, restrictive covenants, consents, variations, plans and relevant searches. It enables the buyer to raise requisitions, assess risks and conditions, and confirm that the title offered matches the contract.This is a descriptive practice term, not generally defined by statute or case law. In registered land (England and Wales, Northern Ireland and Ireland), official copies of the register/title plan commonly replace a traditional abstract; however, an abstract or, more commonly, an epitome of title (a bundle/schedule of copies of key documents) is still used for unregistered land and to prove pre‑registration or off‑register matters. The period covered is from a good root of title for the duration required by local law and standard conveyancing practice.In Scotland, “title abstract” is not a term of art; the functional equivalents are the Land Register title sheet (or Sasine deeds), supported by a legal report and a solicitor’s report on title.
GLOSSARY
A term or condition affecting the title to a property as defined in section 122 of the Title Conditions (Scotland) Act 2003 and includes real burdens and servitudes.
PRACTICE NOTES
Statutory Powers To help resolve disputes, the LTS has various powers derived from statute relating to: • varying and discharging title conditions, see: Powers as respects title conditions: Stair Memorial Encyclopaedia [224] • disputed compensation for compulsory purchase of land or loss in value of land caused by public works, see, eg: Compulsory purchase: Stair Memorial Encyclopedia [607] • appeals against certain decisions of the Keeper of the Registers of Scotland, see: Questions relating to the accuracy of the Land Register: Stair Memorial Encyclopaedia [225] • appeals about valuing land on pre­emptive rights of purchase by community bodies, see Practice Notes: Rights to buy affecting land in Scotland—snapshot, Right to buy—community right to buy (Part 2) and asset transfer requests in Scotland, Right to buy abandoned etc land (Part 3A) and right to buy land to further sustainable development (Part 5) in Scotland and Right to buy—agricultural tenants—Scotland • review/arbitration powers under the Long Leases (Scotland) Act 2012, see: Long leases: Stair Memorial Encyclopaedia [111] • disputes
PRACTICE NOTES
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice. For the purposes of this Practice Note, we refer to the parties to the transaction as the seller and the buyer and the document effecting the disposition as the transfer. Covenants for title are warranties and are set out in sections 1–13 of the Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) and apply to both freehold and leasehold transactions. While often considered boilerplate provisions, it is important that both the buyer and the seller are aware of the effect of the title guarantees and implied covenants, how they apply in different scenarios and what amendments should be made to them. A seller will usually sell with either ‘full title guarantee’ or ‘limited title guarantee’, or with their Welsh equivalents, gyda gwarant teitl llawn and
PRACTICE NOTES
This Practice Note sets out the legal position if a party disposing of an interest in land (the seller) is not registered as the proprietor at HM Land Registry and has either: • made an application to be registered as the proprietor, or • has not made such an application, but compulsory registration has been triggered (either by the transfer (or grant) to the seller, or by an earlier transaction) It provides practical tips on carrying out due diligence for the acquiring party in these circumstances. The issues raised are of particular importance for a party acquiring a registrable interest in land, as it needs to ensure that it can register its interest at HM Land Registry as soon as possible following completion (and where appropriate, within the relevant priority period). This Practice Note does not cover investigating title to unregistered land—see instead Practice Notes: Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership and Deducing