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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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Life of a health and safety case in Scotland—flowchart

Life of a health and safety case in Scotland—flowchart This Flowchart demonstrates how health and safety cases progress from investigation, to trial and to Fatal Accident Inquiries (FAIs) in Scotland. It should be read in conjunction with Practice Notes: • Fatal Accident

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Enforcing foreign judgments—common law principles

This Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note sets out the conditions that need to be met and the common defences that may be raised in relation to a claim to recognise and enforce a foreign judgment. The Practice Note also considers the issue of whether security for costs is available and whether the court should grant a stay pending further court hearings in the foreign court.It is important to check whether a different enforcement regime applies in preference to the common law. For guidance, see: Which regime applies to enforce a foreign judgment?—checklist.When is the common law used?When seeking to enforce a foreign court judgment in England and Wales, it is first necessary to identify which regime applies. There are a number of different statutory regimes which apply variously to specified countries. However, where a judgment creditor wants to...

Enforcing an adjudicator's decision in the TCC

This Practice Note looks at the most common method of enforcement of an adjudication decision—bringing a Part 7 claim and a summary judgment application in the TCC, as provided for in section 9 of the TCC Guide. It also considers the ability to enforce a decision by seeking a mandatory injunction and the effect of a foreign jurisdiction clause on adjudication enforcement proceedings.Although a Part 7 claim is the normal, and preferable, method of enforcement of an adjudication decision, there are some rarely used alternative methods for enforcement. Parties can apply to the TCC for declaratory relief under CPR Part 8 if there is unlikely to be a substantial dispute of fact and no monetary judgment is sought—see Practice Note: Adjudication and Part 8 proceedings. For guidance on seeking compliance with the decision by issuing a statutory demand or insolvency proceedings, see Practice Note: Adjudication enforcement—use of insolvency proceedings.Why enforcement is necessaryUnder the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), a valid adjudicator’s decision is binding and enforceable...

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Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

Sanctions breach—panic sheet

Sanctions breach—panic sheet 1 Consider seeking external advice Given the complicated nature of most sanctions regimes, the potential for offences to have been committed across multiple jurisdictions, and the complex position in relation to privilege and in-house lawyers, it is often prudent to seek specialist advice from external lawyers as soon as a breach is detected. 2 Cease dealing with the sanctioned entity/person/funds/etc You should cease dealing with the sanctioned entity/person/funds etc immediately. Suspend the transaction but do not return funds to the sanctioned entity or person. If funds have arrived in the UK from a designated person outside the EU, government policy requires these funds to be frozen on arrival in the UK. 3 Begin a response audit trail In the immediate aftermath of the breach, you should document, through an audit trail, the steps you have taken in responding to a sanctions breach. Set up your response audit trail using our [Sanctions post-breach record of actions]. Retain all relevant documents (eg, emails, invoices) and ensure they are...

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What are unitranche facilities?

What are unitranche facilities? What is a unitranche facility? Leveraged finance transactions are traditionally funded by a mixture of equity, senior debt, mezzanine debt and/or bonds. A unitranche facility is effectively a blend of the senior and mezzanine portion of the financing although it can sometimes covers part of the equity too. Therefore, instead of two facilities agreements, covenant packages, sets of security documents etc, only one is required. Unitranche facilities are more common on mid-market deals. What are the typical terms of a unitranche facility? Unitranche facilities differ from deal to deal but some typical features are: • the facility will be in the form of a term loan; if a revolving credit facility (RCF) is also required it will normally be documented in the same agreement and share the same security package • bullet repayment or possibly with a back ended amortisation schedule • higher margin than senior debt but lower margin than mezzanine debt; margin may be a mixture of cash and PIK...

What is the position of a security holder if the company that created the security is dissolved?

What is the position of a security holder if the company that created the security is dissolved? This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee’s power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder’s position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose...

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Environmental enforcement round-up—18 October 2024

A round-up of the latest environmental enforcement, including prosecution for illegal dumping of waste, fines given for fuel pollution, and a group sentenced for the operation of an illegal waste site.

Ofcom confirms approach to dealing with requests for information under OSA 2023

Ofcom has announced its approach to information-gathering when it makes requests for information held by stakeholders under the Online Safety Act 2023 (OSA 2023). Ofcom reminds stakeholders that as an evidence-based regulator, it has the power to formally request information from them to fulfil its duties of developing effective and proportionate online safety regulations. These statutory information requests are issued when stakeholders are believed to possess information necessary for keeping UK users safer online. The Information Registry team co-ordinates the requests and guides stakeholders through the process of responding to these formal requests for information. Ofcom reiterates that online services have a legal duty to comply with requests for information and failure to do so may lead to enforcement action that can result in significant consequences under Ofcom's enforcement procedures.