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Sentencing Guidelines for Corporate offenders—Money laundering checklist

Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...

Responding to a freezing injunction—checklist

Responding to a freezing injunction—checklist This Checklist provides a suggested approach for dealing with and responding to a freezing injunction. It is intended as a starting point, listing various key matters which you should consider when preparing your client’s response. It is assumed that: • the freezing injunction was granted pre-action and without notice, and • your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see Practice Notes: • Freezing injunctions—guiding principles • Freezing injunctions—the application • Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided the following documentation (at the very least): • the application notice • the affidavit(s) in support • the sealed order • a transcript of the hearing • the skeleton argument (if one was used at the hearing) If any of the above documents are missing, ask the applicant’s solicitors for them as a matter of urgency. You will need all of the documents relied upon at the without notice...

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EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

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Invoice discounting and factoring

The popularity of financing business through invoice discounting and factoring of receivables has grown significantly in the UK over the last 25 years.Invoice discounting and factoring are types of receivables financing whereby a company, sole trader or partnership, known as the client, sells (ie assigns) its book debts (or receivables) together with all related rights, to an invoice discounter or factor (each a receivables purchaser) at a discounted rate. The advantage to the client is that it enjoys a more predictable and liquid cash-flow cycle.This Practice Note:•explains the basic difference between invoice discounting and factoring•illustrates the invoice discounting and factoring process•highlights the challenges that can arise in relation to the purchase of a receivable, and•provides a brief overview of the UK-based trade association for asset based financing (including receivables finance)Distinguishing between invoice discounting and factoringBoth invoice discounting and factoring facilities involve the purchase of receivables from a client by the receivables purchaser at a discounted rate.The principal difference between the products is whether the sales ledger administration and collection functions...

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 pre-action protocol, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards. The Clinical Disputes Protocol came into force on 26 April 1999. It arose from the Clinical Disputes Forum, a multi-disciplinary body formed in 1997 as a result of Lord Woolf’s Access to Justice inquiry. It is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. The Clinical Disputes Protocol created a...

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Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

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In a personal injury claim, is a defendant obliged to disclose surveillance evidence to the claimant first before filing the same to the court?

In a personal injury claim, is a defendant obliged to disclose surveillance evidence to the claimant first before filing the same to the court? The duty of disclosure is the duty to state that a document exists or has existed (CPR 31.2). Usually this is complied with by providing standard disclosure (CPR 31.5) as ordered by the court. Surveillance evidence will usually fall within the scope of standard disclosure in that it will support or adversely affect the case of one of the parties (CPR 31.6). Once a document has been disclosed a party to whom it has been disclosed has a right to inspect it (CPR 31.3). The duty of standard disclosure is a continuing duty and CPR 31.11(2) specifically states that ‘If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party’. Therefore, once the date for an order for standard disclosure has passed, there is a duty to notify other parties to the...

If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be required to disclose the client’s instructions to the surveyor or would they be protected by some form of privilege? Would the position be different if that expert witness had previously acted as the client’s expert advisor?

If disclosing a surveyor’s report in a boundary dispute, to be used as expert evidence, might you also be required to disclose the client’s instructions to the surveyor or would they be protected by some form of privilege? Would the position be different if that expert witness had previously acted as the client’s expert advisor? An expert report must state the substance of all material instructions, whether they are written or oral; see Practice Note: Expert reports. A party’s instructions to an expert witness are not privileged against disclosure. However, the court will not order disclosure of any specific document or permit the expert to be cross-examined on their instructions unless it is satisfied that there are

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Property weekly highlights—12 December 2024

This week's edition of Property weekly highlights includes: new regulations on the register of overseas entities, RICS responses to the consultation on EPC regime reform and high street regeneration and cases on the right to manage and landlord charging for electricity where solar panels were not used.

Private Client weekly highlights—12 December 2024

This week’s edition of Private Client highlights includes: (1) JTC Employer Solutions Trustee Ltd v Garnett, in which the High Court granted rescission of deeds of appointment executed for EBTs on grounds of mistake; (2) Oldham MBC v KZ, in which the Court of Protection authorised a care plan for a deaf man with fluctuating capacity; (3) Rupert Grint v HMRC, where the FTT held that sales of occupation income provisions applied to a capital sum received by the taxpayer on the incorporation of his business; (4) Tianrui IHC v China Shanshui Cement Group Ltd (Cayman Islands), a Privy Council decision on a shareholder’s personal standing to challenge the dilution of its shareholding; (5) Aabar Holdings S.A.R.L v Glencore plc, a decision which casts doubt on a shareholder’s entitlement to see a company’s privileged documents; and (6) HMRC publishes minutes of the November meeting of joint HMRC/industry working group on the non-dom changes.