Blog
Permission to Visit - Goldilocks and the Three Bank Statements
Robert Houchill
11 October 2018
Unexplained Wealth Orders – can you prove the legitimate provenance of all of your significant assets?
Whether you can prove the legitimate provenance of all of your significant assets is a question an increasing number of people may have to start asking themselves. In the last week, the High Court has dismissed an appeal to discharge the first Unexplained Wealth Order (‘UWO’) brought by the National Crime Agency (‘NCA’).
4 October 2018
Fresher’s Week – what consent is and why drunkenness is not a defence
Anyone who has ever been to university remembers fresher’s week. The first real taste of freedom, alcohol and sex create a heady combination and the possibility of falling foul of the law regarding rape, sexual offences and other lesser offences. Our memories are of course affected by the #MeToo landscape of today and the lessons learnt from #WhyIDidntReport. At this time of year many young students leave home for the first time and head to university. Attending one party after another, often with excessive alcohol intake, meaning problems can arise the “next morning”, as to whether someone did or did not consent to sex.
28 September 2018
FCA publishes first Decision Notice under the partly contested cases process
On 27 September 2018, the Financial Conduct Authority (“FCA”) published a Decision Notice in relation to Linear Investments Limited ("Linear"). The Decision Notice seeks to impose a financial penalty of £409,300 on Linear for failing to take reasonable care to organise and control its affairs responsibly and effectively to ensure potential instances of market abuse could be detected and reported.
19 September 2018
Mutual trust remains until we leave: notification of intention to leave the EU not an exceptional circumstance
This blog reviews Case C-327/18 PPU Judgment of the Court (First Chamber) 19 September 2018. In short: “Mere notification” is not an exceptional circumstance within the meaning of the case law which is capable of justifying a refusal to execute an EAW. Substantial grounds to believe that the requested person is at risk of being deprived of rights recognised by the Charter and the Framework Decision, following the withdrawal from the EU of the issuing MS, are required for the MS to refuse to execute the EAW while the issuing MS remains a member of the EU.
10 September 2018
The Crime (Overseas Production Order) Bill - We must not lose control of data sharing
Scant attention has been paid to the House of Lords review of the Crime (Overseas Production Order) Bill — yet the legislation will give the UK authorities vastly extended powers to see data stored overseas for the purposes of criminal prosecutions. Critically, the bill needs more safeguards to protect individual rights before it gains final approval.
- Controlling and coercive behaviour
- Corporate crime
- Corporate manslaughter and health and safety
- Crime and justice
- Cyber crime
- Extradition and international crime
- Financial crime and financial regulatory enforcement
- Fraud
- Internal investigations
- Legal Updates
- Online Safety Regulation
- Police investigations
- Proceeds of Crime
- The Economic Crime and Corporate Transparency Act
- Unexplained Wealth Orders
- Youth crime and justice