The arrangement
Willis, Tim
The arrangement - 2005 - Building 270(8375) 1 April 2005, 56(1) .
Discusses the consequences of the Proceeds of Crime Act 2002 s328 which provides that an offence is committed if an arrangement is entered into which facilitates the 'acquisition, use or control of criminal property by on or behalf of another person'. Points out that this legislation can cover a range of different situations including valuers, certifiers, arbitrators or adjudicators dealing with applications for payment or disputes where there was a suspicion that another party might acquire criminal property. The impact of this legislation was seen in the recent CA decision "Bowman v Fels" ([2005] EWCA Civ 226, The Times 14 March 2005) where the Law Society, the Bar Council and the National Criminal Intelligence Service were all represented to clarify the position. The court found that the conduct of litigation by legal professionals entering into settlements in an litigious context did not come within s328 of the Act.
PROCEEDS OF CRIME ACT 2002 S328
BOWMAN V FELS
The arrangement - 2005 - Building 270(8375) 1 April 2005, 56(1) .
Discusses the consequences of the Proceeds of Crime Act 2002 s328 which provides that an offence is committed if an arrangement is entered into which facilitates the 'acquisition, use or control of criminal property by on or behalf of another person'. Points out that this legislation can cover a range of different situations including valuers, certifiers, arbitrators or adjudicators dealing with applications for payment or disputes where there was a suspicion that another party might acquire criminal property. The impact of this legislation was seen in the recent CA decision "Bowman v Fels" ([2005] EWCA Civ 226, The Times 14 March 2005) where the Law Society, the Bar Council and the National Criminal Intelligence Service were all represented to clarify the position. The court found that the conduct of litigation by legal professionals entering into settlements in an litigious context did not come within s328 of the Act.
PROCEEDS OF CRIME ACT 2002 S328
BOWMAN V FELS