What states should know about dishonest assistance
This week’s tip-sheet covers claims for dishonest assistance, which is a claim that can be used to sue third parties who participated in wrongdoing but did not receive the benefit of it. We detail potential defendants and explain the principles that need to be established at court (and those that do […]
Introducing illicit enrichment in the UK: a proposal by Transparency International UK
Too often, for a variety of reasons, law enforcement agencies are unable to take meaningful action against assets suspected to be corrupt. That might be, for example, because the state that has suffered corruption is unable or unwilling to provide supporting information to UK law enforcement in time for action […]
What states should know about unlawful means conspiracy
The latest entry in our tip-sheet series deals with unlawful means conspiracy. This claim is useful where multiple parties have been involved in a scheme to corruptly defraud a state. We set out the circumstances when it may arrive and explain what you need to establish when bringing the claim. […]
What states should know about knowing receipt
We have just published our second tip-sheet on the substantive claims available to victims of bribery and corruption, which sets out the key details for a claim in knowing receipt. This claim allows a victim to sue anyone who received the benefit of assets taken in breach of trust, in circumstances where it […]
What states should know about the civil tort of bribery
Click through here for a quick summary of the key issues on the tort of bribery that states, and indeed any victim of bribery, should know. Our tip-sheet covers the basic legal principles, identifying available defendants, the circumstances when a claim can be brought and the facts that must be established […]
Asset Recovery tip-sheets
Following the successful launch of our asset recovery blog, we will be publishing a series of tip-sheets on the various types of civil claim that can be made to recover corrupt assets, or compensation for corruption, as well as on key procedural issues that matter in these cases. The tip-sheets […]
The Small Business, Enterprise and Employment Act
One of the last acts of parliament was to pass the Small Business, Enterprise and Employment Act (“the Act”), which received Royal Assent on 26 March 2015. Ostensibly, the primary purpose of this piece of legislation is to encourage entrepreneurship in the UK by helping small businesses to compete, grow […]
Using insolvency powers to make claims for fraud: important Supreme Court decision
Companies are habitually used as part of a corruption scheme. Such companies often have only a single director, or a small number of directors, and are beneficially owned by the wrong-doers. Insolvency powers can be effective tools to obtain compensation for victims of fraud or corruption, in the right circumstances. […]
Privy Council Clarifies When Innocent Bank is Liable to Victims of Theft
To what extent must a bank make inquiries as to the commercial purpose of a transaction, particularly a transaction involving an offshore structure? And when is a bank liable to compensate a victim of theft for receiving funds deriving from stolen assets and using them for its own benefit? These […]
What are the civil claims and remedies for bribery in England?
In our latest briefing, we consider the various civil claims and remedies available to states that are victims of bribery. The law of England, and the law of other common law jurisdictions, allow states to pursue claims not only against the bribe-payer and recipient, and but also against those who […]