BLL Bulletin

The-EU’s-latest-money-laundering-directive
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The European sanctions regime and fair trial principles
Speed read: The General Court of the European Union recently decided Klyuyev v Council of the European Union Case T‑305/18 (19.07.2019) regarding European sanctions designated against high-profile individuals in Ukraine. The case provides an opportunity to consider the regulation of...
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Data Sharing
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UK/US data sharing and the impact on financial crime
Speed read: On 3 October 2019 the UK and US signed a new data sharing agreement. So far, its benefits to the fight against terrorism and child exploitation have been in the spotlight. The agreement, however, casts the net widely...
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Confiscating_From_Corporations
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Confiscating from corporates
Speed read: In Crown Prosecution Service v Aquila Advisory Limited [2019] EWCA Civ 588, the Court of Appeal held that the CPS could not confiscate illicit funds from a company without having brought charges against it. The Crown had included...
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Economic Crime Plan money note
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The Government’s Economic Crime Plan 2019–22
Speed read: Jonathan Fisher QC examines the Government’s recent Economic Crime Plan and its reliance on the private sector for investigating and enforcing financial crime. The implications of increased information sharing between the private and public sectors require careful consideration....
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the weed in the garden of CBD & cannabis investment
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Proceeds of crime — the weed in the garden of CBD & cannabis investment
Speed read: Cannabis-related investment is on the rise. The market for CBD, a compound extracted from the cannabis plant, in the UK is forecast to be worth £16.5 billion over the next decade. CBD is not a controlled drug in...
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Looking up at tall buildings london
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Bringing responsibility home — what next for parent company liability?
Speed read: The Supreme Court’s jurisdictional judgment in Lungowe v Vedanta holds that parent company liability is an unremarkable proposition in theory. Establishing it in practice, however, is a fact-specific exercise. The court rejected the companies’ multi-faceted challenges to the...
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Law Commission Report
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Imperfect but here to stay — The SARs regime after the Law Commission Report
Speed read: The Law Commission’s Report on the SARs regime recommends tweaks rather than any substantive change. Two recommendations at least hold some practical potential. The call for statutory guidance presents an opportunity to shed light on the contours of...
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Dubai
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You can run, but you can’t hide: HMRC takes the fight overseas
In R (oao Jimenez) v HMRC [2019] EWCA Civ 51, the Court of Appeal held that HMRC can issue a taxpayer notice to a UK national resident in Dubai. In doing so, it has added to the revenue’s armoury in the battle...
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unexplained wealth orders property
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Unexplained wealth orders or an illicit enrichment offence?
Speed read: The introduction of unexplained wealth orders into the UK’s civil recovery toolkit followed a wider debate about the human rights implications of asset recovery. This article compares the effect of the UK’s decision to the alternative option, the...
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Civil Cases in Criminal Courts
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Civil cases in criminal courts
Speed read: Jonathan Fisher QC discusses the convergence of civil and criminal procedure in cash forfeiture appeals. The powers are civil in nature but the requirement of underlying criminal conduct and use of the Crown Court, with inadequate procedural rules,...
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