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Forfeiture United Kingdom

WilmerHale

Asset freezing and asset seizing under the UK sanctions regime

WilmerHale on

The UK’s National Crime Agency (NCA) recently secured its first forfeiture of sanctioned funds. This was a landmark achievement for the NCA’s Combatting Kleptocracy Cell, which has only existed since 2022 and aims to...more

BCLP

What a relief! High Court grants relief from forfeiture of an option to take a new lease

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This decision has confirmed that a court can grant relief from forfeiture in relation to a tenant’s option to take a new lease. It is a useful reminder for landlords that forfeiture does not apply solely to leases, and is a...more

Vinson & Elkins LLP

New Year, New DOJ: Recent Resolution of Fraud Allegations Signals DOJ’s Increased Use of Corporate Monitorships

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On December 21, 2021, the U.S. Department of Justice (“DOJ”) announced a resolution of its criminal investigations into NatWest Markets Plc (“NatWest”), a global banking and financial services firm based in the United...more

BCLP

Covid 19 - Commercial rent arrears announcement

BCLP on

The Government has finally published its response to the call for evidence in relation to Covid-19 commercial rent arrears, along with a policy statement about the proposed new legislation it plans to introduce before the...more

White & Case LLP

Dealing with Account Freezing and Account Forfeiture Orders

White & Case LLP on

In January 2018, UK law enforcement agencies were granted new powers to pursue the forfeiture of assets. Unexplained wealth orders ("UWOs") initially grabbed the media's attention, but the relative ease with which UK law...more

WilmerHale

UWOs three years on: Underused and overpriced

WilmerHale on

In January 2018 the Criminal Finances Act 2017 (“the Act”) came into force. The Act brought in a number of important legal developments, including Asset Freezing and Forfeiture Orders (“AFFOs”) and the offence of failure to...more

Hogan Lovells

COVID-19 UK – Additional breathing space…but tenants who can pay should

Hogan Lovells on

Most commercial leases require the tenant to pay its rent quarterly, and invariably include a provision allowing the landlord to forfeit if that rent has been unpaid for a period of time, e.g. 7, 14 or 21 days.  Outside of...more

Hogan Lovells

UK COVID-19: Update on protection from forfeiture for commercial tenants

Hogan Lovells on

Avid readers will have seen our previous blog (https://www.ukrealestatelawblog.com/2020/03/24/uk-covid-19-commercial-tenants-to-be-given-three-months-protection-from-forfeiture/) on the government’s proposals to protect...more

BCLP

Coronavirus Act 2020 (England and Wales) Business Tenancies - protection from forfeiture for rent arrears

BCLP on

What is proposed for business tenancies? A section in the Coronavirus Act 2020 (the “Act”), which is the government’s emergency legislation, will stop the forfeiture of business tenancies for non-payment of rent (including...more

Hogan Lovells

UK COVID-19: Commercial tenants to be given three months’ protection from forfeiture

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Monday, as well as locking down the country, the government published critical amendments to the emergency Coronavirus Bill protecting commercial tenants from the risk of forfeiture until the end of June 2020. ...more

WilmerHale

Airbus to Pay Record $4 Billion to Settle Global Bribery Scheme

WilmerHale on

On January 31, 2020, the Department of Justice (“DOJ”) agreed to resolve allegations that Airbus SE (“Airbus”), a France-based aerospace company, used third-party business partners to bribe government officials and airline...more

WilmerHale

I’m Dreaming of a White (Collar) Christmas: 2019 in Review

WilmerHale on

The year 2019 has been something of a mixed bag for the UK’s criminal and regulatory authorities. While the Serious Fraud Office (“SFO”) and Financial Conduct Authority (“FCA”) appear to have taken involuntary sabbaticals...more

Hogan Lovells

Confirmation from the Court of Appeal: Exercising CRAR will waive a right to forfeit

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In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to...more

BCLP

Vauxhall relieved to get back its bargain licence

BCLP on

Manchester Ship Canal Co Ltd v Vauxhall Motors Ltd (formerly General Motors UK Ltd) 2019 - The Supreme Court considered whether, and in what circumstances, relief from forfeiture can be granted in respect of a licence....more

Hogan Lovells

CVAs – retail’s flexible friendship continues

Hogan Lovells on

On 19 September 2019, Norris J handed down judgment in the challenge brought by six landlords against the Debenhams Retail Limited (Debenhams) company voluntary arrangement (CVA) which was approved by 94.71% of Debenham’s...more

White & Case LLP

SAR Reform: The Case of Causey and its Effect

White & Case LLP on

The UK Government kicked off the New Year with a reminder that tackling economic crime remains top of its agenda. The Home Secretary and Chancellor announced last week that they will chair the new "Economic Crime Strategic...more

Hogan Lovells

Enforcement action for arrears – a useful reminder for landlords

Hogan Lovells on

Although company voluntary arrangements have stolen the headlines this year, there are many other tenants, particularly those in the retail sector that are not seeking to reduce their rents but simply falling into arrears. ...more

Cadwalader, Wickersham & Taft LLP

UK Criminal Finances Act 2017 Commences with New Tax Evasion Offences, Anti-Money Laundering Rules, and Asset Forfeiture...

On 30 September 2017, Part 3 of the UK Criminal Finances Act 2017 (the “CF Act”) came into force creating new corporate offences for failing to prevent the facilitation of UK or overseas tax evasion. Similar to the standard...more

Hogan Lovells

Keeping It Real Estate Blog: The Rise and Rise of Short Term Lettings

Hogan Lovells on

Thanks to the popularity of short term lettings, we are benefiting from a wealth of choice and flexibility in holiday accommodation. Wherever the destination, there will certainly be unique properties available at reasonable...more

Morrison & Foerster LLP

Top Ten International Anti-Corruption Developments for June 2017

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Dechert LLP

Forfeiture of an LLP Member's Profit Share

Dechert LLP on

A recent English Court decision confirms that members of LLPs who breach their fiduciary duties are at risk of having their remuneration (including that received by way of profit share) forfeited. This is in addition to...more

Morrison & Foerster LLP

Top Ten International Anti-Corruption Developments for July 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Cooley LLP

Blog: Supreme Court rules that “collateral lies” are no bar to a claim on an insurance policy

Cooley LLP on

In Versloot Dredging v HDI Gerling Industrie Versicherung AG [2016] UKSC 45, the Supreme Court held that a claim which is supported by a fraudulent narrative will not be subject to forfeiture under the fraudulent claims rule...more

Dechert LLP

Update on the UK Confiscation and Restraint Regime

Dechert LLP on

The National Audit Office has published a report dated 17 December 2013 (the “NAO Report”) on confiscation orders, which are the main mechanism that the UK Government uses in carrying out its policy to deprive criminals of...more

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