LPC Law Notes Civil Litigation Notes
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
MONEY LAUNDERING
Main Money Laundering Offences for Solicitors – Proceeds of Crime Act 2000 [POCA]
Section | Offence |
---|---|
327 | Concealing, disguising, converting or transferring criminal property or removing it from the UK |
328 | Entering into or becoming concerned in an arrangement which you know or suspect facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person Scope of offence:
Exception when dealing with litigation – Bowman v Fels (2005) EWCA Civ 226:
|
329 | Acquiring, using or possessing criminal property |
330 | Failure to disclose suspicions of money laundering – objective test is applied R v Griffiths and Pattison (2006) EWCA Crim 2155:
|
333A | Tipping off a person whom you know or suspect has been laundering money that a report has been made or that an investigation is being carried out or contemplated |
342 | Prejudicing a money laundering investigation |
Penalties under POCA Conviction for the above-mentioned POCA offences carries a prison term of up to 14 years and/or a fine. |
Main Defences
Authorised Disclosure for s.328 “Arrangement” offence and s.330 “Suspicions” offence
No knowledge/suspicion – s.328 “Arrangements” offence; s.330 “Suspicions” offence (but see objective test) and s.333A(3) “Tipping off” offence
“Reasonable excuse”
Individual solicitors’ defence – lack of training
Legal Professional Privilege (LPP) unless the information supplied by the client is given with the intention of furthering a criminal purpose.
Procedural Requirements – Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 [MLR]
Reg | ||
---|---|---|
8 | Applies to persons acting in the course of business in the UK including “independent legal professionals”. | |
26 | Firms must apply to the SRA for approval under the MLR – acting without such approval is a criminal offence carrying a penalty of imprisonment and/or a fine. | |
18 | Take appropriate steps to identify and assess the risks of money laundering and terrorist financing. | |
21 | Establish and maintain policies, controls and procedures to manage the money laundering and terrorist financing risks identified in the risk assessment.
| |
27 | Instigate client due diligence (CDD) procedures – subject to limited exceptions, solicitors are obliged to obtain verification of the identity of each client before a business relationship is established and before a transaction is carried out. | |
28(11) | Due diligence must be ongoing throughout the client relationship. | |
37 | Simplified due diligence: low risk client/transactions (e.g. client is a public company listed in the UK on the Stock Exchange; a UK public authority) | |
28 | Standard due diligence: applies to most clients – verify client’s identity using “documentation, data or information from a reliable source independent of the person whose identity is being verified”. | |
33 | Enhanced due diligence (EDD): higher risk of money laundering or terrorist financing identified by firm’s risk assessment, including if client is a PEP
| |
40 | Keep records. | |
|
Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
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