CooleyAR’s summer holiday
The team will be taking August to recuperate after a furious few months blogging and will return in the Autumn. However, before we pack our bags it is worth reflecting on David Cameron’s recent speech in Singapore where he addressed the threat posed by corruption worldwide. We were particularly interested […]
A proposal to extend beneficial ownership rules to UK land-holding foreign companies
A report published today by Global Witness, alleging that an individual with ties to a former Kazakh public official owns large swathes of London, follows much recent interest in the issue of public officials owning property in the UK via secretive corporate structures that conceal their interest. Earlier this month, an Early […]
What states should know about unjust enrichment
We close out our series of tip-sheets on the causes of actions available to states who have been victims of bribery and corruption with a note on unjust enrichment. This is an interesting claim that sets the bar a little lower than some of the previous claims we have reviewed. […]
What states should know about the contractual consequences of bribery
This week’s tip-sheet concerns the remedies available to states where they are party to a contract procured through bribery. We discuss the pros and cons of rescission and termination as well as the reasons why a state may choose to re-negotiate contracts that have been affected by bribery. We also consider the risk […]
What states should know about breach of fiduciary duty
This week’s tip-sheet covers claims for breach of fiduciary duty which can be brought against public officials who have been involved in conduct contrary to their duty to act in the state’s best interests. We detail potential defendants and explain the principles that need to be established at court (and […]
What states should know about proprietary claims to corrupt assets
This tip-sheet gives a summary of proprietary claims. This type of claim arises where a state’s property has been stolen, or wrongfully transferred away, such as property sold below market value as a result of bribery. It is a claim for a specific asset or sum of money, which can […]
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 […]