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Under section 14 of the Proceeds of Crime Act 2002 (POCA 2002), the court will ordinarily impose a confiscation order before passing sentence on the defendant, yet it can defer the confiscation proceedings for a defined period of up to two years from the date of conviction-see Practice Note: Postponement of confiscation proceedings. If proceedings are postponed, the court will typically direct a timetable for the exchange of material required by POCA 2002 (frequently referred to as the confiscation timetable). The outline below identifies the documents exchanged for these purposes, the point at which they are required, and key points for practitioners to bear in mind when reviewing them. Document: Required where: Commentary Information by defendant in response to an order under POCA 2002, s 18 Where the court proceeds to make a confiscation order under POCA 2002, s 6(3)(a) (the prosecutor seeks an order) or POCA 2002, s 6(3)(b) (the court considers it proper to make an order), or where the court is deciding whether to...
Competition authorities with jurisdiction in Ireland Competition authorities operating in Ireland, chiefly the Competition and Consumer Protection Commission (CCPC) and, where applicable, the European Commission, possess broad powers to carry out surprise inspections, commonly called ‘dawn raids’. Such raids are a central investigative device for enforcing Irish and EU competition law, particularly in matters involving serious and grave breaches of competition rules like alleged cartel conduct, abuse of dominance, and wage‑fixing arrangements. For companies trading in Ireland, the unannounced arrival of the regulator’s authorised officers at their premises without prior warning can be both highly disruptive and risky. Businesses must be dawn raid‑ready to mitigate disruption and to safeguard their legal entitlements while meeting statutory duties throughout an inspection. This Checklist outlines pragmatic pointers to consider before a dawn raid, including forming a dawn raid response team, alongside key priority steps to take during the on‑site raid, managing legally privileged material, and the follow‑up once the raid has ended. Equipping your organisation with dawn raid readiness know‑how and a...
In this issue: Electricity and gas market regulation and licensing Renewable energy Capacity Market, balancing services and energy system flexibility Conventional power, waste to energy, biomass, and CHP projects Nuclear energy Planning issues in energy projects International energy Daily and weekly news alerts New and updated content Dates for your diary Trackers Electricity and gas market regulation and licensing Ofgem publishes determinations on code manager selection for REC and BSC Ofgem has issued two determinations, setting out its conclusions under section 187(1) of the Energy Act 2023 to move ahead with appointing code managers for the Balancing and Settlement Code (BSC) and the Retail Energy Code (REC) without running a competition. As a consequence, both the Retail Energy Code Company Ltd and Elexon Ltd will, respectively, be asked to provide a licensing assessment form. Ofgem will subsequently review the submissions and confirm whether it proposes to award each entity a licence. See:...
In this issue Equality and human rights Judicial review Information law International law Other public law news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Equality and human rights Supreme Court rules on first Russia sanctions challenge (Shvidler v Foreign Secretary) The Supreme Court concluded, by a 4–1 majority, that the sanctions applied by the Secretary of State for Foreign, Commonwealth and Development Affairs to Mr Shvidler, and, unanimously, that the actions taken by the Secretary of State for Transport against the yacht M/Y Phi owned by Dalston Projects, introduced immediately after Russia’s invasion of Ukraine, were proportionate and lawful notwithstanding the recognised impact on the appellants’ rights under the European Convention on Human Rights. In a robust dissent, Lord Leggatt criticised the majority’s stance in Mr Shvidler’s appeal, holding that the measures against him, as a UK national, were disproportionate and thus unlawful. With...
In this issue: Public procurement Governance Social housing Education Children's social care Social care Planning Daily and weekly news alerts New and updated content Public procurement Cabinet Office publishes first suite of Procurement Act 2023 guidance documents The Cabinet Office has issued an initial tranche of guidance on the Procurement Act 2023 (PA 2023). Designed to offer technical support, the materials explain interpretation and application of PA 2023, and are directed at procurement practitioners and commercial policy leads within contracting authorities. Each document should be read alongside PA 2023 and the related regulations. The Cabinet Office confirms a staggered release, aiming to complete the full set by June 2024. The Procurement Regulations 2024 have likewise been released in final form for Parliamentary debate. These draft regulations include the amendments flagged in the government’s consultation response issued on 22 March 2024. Separate guidance for devolved Welsh authorities will be issued by the Welsh Government in...
This Practice Note offers practical direction on correctly executing documents when one or more parties to a contract are not physically together, often referred to as virtual signing or a virtual closing. The Law Society has brought together established materials covering: execution of documents by virtual means, use of electronic signatures, its ‘Tips on how to operate in practice’ concerning virtual execution and the use of e‑signatures, and Q&A on using electronic signatures and completing virtual executions, including ‘Our position on the use of virtual execution and e‑signature during the coronavirus (COVID‑19) pandemic’. We have assembled a comprehensive, interactive collection to help users identify and navigate the concepts and common issues involved in executing documents, including by virtual means. Each section or phase contains practical guidance, precedent clauses and Q&As relevant to that stage. For more information, see: Execution collection. Mercury Tax Case This guidance aligns with the Law Society’s position issued on 16 February 2010 in response...
What is a design and access statement? A design and access statement (DAS) is a succinct document that accompanies particular applications for planning permission and for listed building consent. It sets out the thinking and design principles behind the scheme, and explains how matters of access to and within the development have been addressed. Regulations prescribe specific components that every DAS must contain. As a tool, DASs give applicants and their design teams a structure to show their dedication to high-quality design and to securing accessibility within their schemes. They describe why the proposal is an appropriate response to its site and surroundings, and to statutory duties and policy requirements. A carefully prepared DAS can support decisions by helping local planning authorities (LPAs) and consultees grasp the assessment that informed the scheme’s design. In principle, this should smooth negotiations and determinations, and raise the overall quality, sustainability and inclusivity of a project. They also offer a plain, jargon-free account of the proposal for local communities, access bodies, amenity groups...
This Practice Note sets out how to build a negotiation approach, offering tips on organising facts, aligning with client goals (including identifying the best alternative to a settlement), appraising the other side’s stance, selecting negotiation techniques, and deciding whether to open with a settlement proposal or a preliminary discussion. For direction on who should participate in settlement talks, and on confidentiality and the effect of ‘subject to contract’, see Practice Note: Settling disputes—who, confidentiality and subject to contract. For assisted routes to settlement, see Practice Note: What is ADR? and related material. For guidance on making offers and recording a deal, see Practice Notes: Settling disputes—settlement offers (Calderbank, WPSAC and Part 36) Settling disputes—how to document a settlement and related content Settling disputes—an early strategy for settlement A stage of litigation involves exchanging information under an applicable pre-action protocol or, if none governs the claim, under the Practice Direction Pre-Action Conduct and Protocols. The Letter of Claim and the Letter of...
To: [ All staff in [ insert ] office ] From: Response Team Leader RE: Regulatory investigation—prompt attention required Privileged and confidential Dear All Investigators from [ insert ] [ are OR will be ] arriving on site beginning today to commence an investigation. [ Insert organisation name ] treats its legal duties seriously and will co-operate with the investigators, addressing their requests in line with [ our [ Dawn raid action plan ] ]. A ‘dawn raid’ is when representatives of a regulator attend our premises without prior notice to gather evidence for an investigation. Refusing to co-operate with the investigation, or impeding the investigators, will put [ insert organisation’s name ] and individuals at risk of sanctions. Further information is contained in our [ Dawn raid action plan ]...
[ insert name of offeror ] [ PLC OR Limited ] Minutes of a meeting of [ a committee of ] the board of directors of [ insert full name of offeree ] (the Company) convened at [ insert place of meeting ] on [ insert day, month and year of meeting ] at [ insert time of meeting ] [ am OR pm ]. Present [ Insert names of director(s) physically present ] [ Insert names of any directors present by telephone as permitted by the Company’s articles of association ] (by telephone) [ Insert names of any directors present by other means permitted by the Company’s articles of association ] (by [ insert other means ]) In attendance [ Insert name ] (representative of [ name of financial adviser ], the Company’s financial advisers (the Bank )) [ Insert name ] (representative of [ name of law firm ] (the Company's solicitors ))...
STOP PRESS: This document is currently being revised to take account of the implementation of the Data (Use and Access) Act 2025 (DUAA 2025), which updates the UK GDPR and the Data Protection Act 2018. For additional guidance on the compliance implications of DUAA 2025, please see Practice Note: Data (Use and Access) Act 2025—compliance implications. [ Name of individual making request ] [ Address of individual making request ] [ Date of this response ] Dear [ insert name of individual making request ] I write in reply to your request dated [ insert date of request ]...