Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Mutual legal assistance definition

What does Mutual legal assistance mean? Mutual legal assistance (MLA) is cross‑border co‑operation where one state asks another to obtain and use evidence, serve process, or carry out investigatory or enforcement steps for court proceedings, most often in criminal cases (extradition is separate). The term is descriptive rather than a single statutory definition; assistance is provided under treaties and domestic legislation and, in civil matters, through judicial comity. Core features include a legal basis (treaty or statute), routing via central authorities, and conditions such as dual criminality, necessity/proportionality, confidentiality/speciality, and respect for local admissibility and privilege. Typical MLA requests seek witness evidence, banking and communications records, production...

Civil recovery mutual legal assistance under POCA 2002 and the 2005 Order: giving effect to external orders and requests, interim remedies, prohibition orders, and disclosure of letters of request

Published by a LexisNexis Corporate Crime expert

Practice notes

Assistance to overseas authorities in civil recovery proceedings

Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) establishes a civil route, via court proceedings, for the freezing and divestment of the proceeds of crime. In tandem, POCA 2002, Pt 11 and the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (SI 2005/3181, the 2005 Order) create a comprehensive framework through which the UK may assist, upon request, an overseas Authority, closely aligning with the UK’s domestic arrangements in both substance and practice.

This regime permits UK Enforcement authorities to take steps to enforce, or to act in support of, an overseas court order—described in statute as ‘giving effect to external orders by means of civil recovery’—and to take measures antecedent to overseas proceedings—‘giving effect to external requests by means of civil proceedings’.

See also Practice Note: POCA 2002—external investigations, requests and orders—introduction. For further information on external investigations under POCA 2002, Pt 11, see Practice Note: POCA 2002—external investigations under s 445...

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Nicholas Chapman

Temple Garden Chambers

Nicholas Chapman's background is in business crime though he now principally acts in civil cases, often involving some criminal dimension. In recent years he has acted in many of the biggest, most complex and most high-profile civil tax fraud cases, frequently as leading junior. He also acts in matters involving substantial questions of pure tax and Community law. He continues occasionally to act in criminal cases involving the most serious allegations of commercial fraud and corruption. He also specialises in civil and quasi-criminal asset recovery and injunctive relief proceedings, principally in the commercial courts. He has particular expertise in cross-border cases; many of his cases have an international dimension and he frequently works with foreign lawyers and as part of multi-disciplinary teams. Nicholas also advises corporations and regulators in very substantial regulatory and compliance matters. His practice also has a...

Web page updated on 21/05/2026

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