GT London Law Blog

GT London Law Blog

Legal Advisers for a Changing World

Tag Archives: GT Alert

Prove It or Lose It! Part III: A Step Too Far? Account Freezing Orders & Account Forfeiture Orders

Posted in criminal law, White collar
Part III of our series on asset recovery powers available to UK law enforcement authorities focuses on new powers under the Criminal Finances Act 2017 to obtain orders to freeze bank accounts and apply for forfeiture orders, permanently depriving the account holder of the funds contained in the account. These draconian new powers have received little publicity… Continue Reading

Brexit – Where Now?

Posted in Brexit, Government, International Law, International Trade
At their summit on 25 November, the leaders of the EU27 states approved the draft agreement providing for the U.K.’s withdrawal from the EU. The EU and U.K. also issued a joint statement outlining the framework for the post-Brexit EU/U.K. relationship. These developments, although much-awaited, give little legal certainty in the short term. Draft Withdrawal… Continue Reading

Prove It or Lose It! Part II: Civil Recovery Orders

Posted in White collar
In the first of our two-part series, we looked at Unexplained Wealth Orders (UWOs). To summarize, UWOs require the recipient to explain how they obtained their wealth/assets, which authorities have reasonable grounds to suspect could not have been with the recipient’s known sources of income. The UWO is the beginning of a journey that can result… Continue Reading

Prove It or Lose It! – Part I: Unexplained Wealth Orders

Posted in White collar
Unexplained Wealth Orders (UWOs) have recently been in the news. They extend the powers available to UK law enforcement authorities under the Proceeds of Crime Act 2002 (POCA). A UWO enables investigators to ask people who are holding assets, which based on their legitimate income they would not be able to afford, to prove that… Continue Reading

Director Disqualification: CMA Signals Increased Enforcement

Posted in Antitrust Trade & Regulation, Competition Law
The Consultation The UK Competition and Markets Authority (CMA) has on 26 July 2018 opened a consultation on revised guidance (Revised Guidance) on competition disqualification orders (CDOs) against directors of undertakings suspected to have been in breach of competition laws. Continue Reading.… Continue Reading

Tips for Dealing with a ‘Dawn Raid’ or Search in the UK

Posted in White collar
Recent statistics show investigators taking a harder line and conducting increasing numbers of searches with the Serious Fraud Office more than tripling the number of searches it conducted in connection with ongoing investigations in the 12 months ended 31, March 2018. Searches by law enforcement investigators, including dawn raids, are inherently intrusive and are often used… Continue Reading

Frankfurt Court Approves Online Marketplace Restriction for Luxury Perfumes

Posted in Antitrust Trade & Regulation
The Higher Regional Court of Frankfurt ruled on 12 July 2018 that manufacturers of luxury products are permitted to restrict authorised resellers from reselling on online marketplaces. The marketplace restriction at issue was imposed by Coty Germany on Parfümerie Akzente, one of its authorised distributors, to prohibit it from distributing Coty perfumes on a third-party… Continue Reading

UK Court Rules a Suspect in a Criminal Investigation has Reasonable Expectation it will be Kept Private

Posted in White collar
In Sir Cliff Richard OBE v. The British Broadcasting Corporation and The Chief Constable of South Yorkshire Police [2018] EWHC 1837 (Ch) a UK court has ruled that the reporting by the BBC of a police investigation (which was later closed without prosecution) into Sir Cliff Richard and televised search of his home using a helicopter flying… Continue Reading

The UK Votes to Leave the European Union

Posted in Antitrust Trade & Regulation, Brexit, Competition Law
The UK voted yesterday to leave the European Union. The timetable for the UK’s exit, the terms of exit, and the UK’s post-exit relationship with the European Union (EU), are still to be determined, which will take time. Until these issues are clarified, firms with a UK presence, or UK customers, will have to address… Continue Reading