Critically assess the UK(TM)s attempts to curb money laundering.

FINANCIAL CRIME - LAWPL3128 "Money laundering is regarded as the world's third-largest industry after international oil trade and foreign exchange... The UK has adopted different strategies in the fight against money laundering in the last two decades" (Mei Leong AV (2007), 'Anti Money Laundering Measures in the United Kingdom: A Review of Recent Legislation and FSA's Risk Based Approach', Company Lawyer, 28(2), pp35-42) Critically assess the UK's attempts to curb money laundering. Money Laundering (ML) is easier to describe than define1 but could be described as the process by which the proceeds of crime or criminal conduct are disguised or concealed so that they appear to from a legitimate source.2 It is said that criminals in America at one time channelled the cash proceeds of crime through launderettes to enable the cash to be presented as legitimate business takings, hence the term 'Money Laundering'. Essentially, the acquisition, use, possession, disguise, concealment, conversion, transfer or removal of the benefit of any criminal conduct can be ML, often referred to as 'dirty money'. Even an attempt to do any of these, or incitement of another person to do them, can constitute a ML offence. In the past, the term ML was applied only to financial transactions related to organised crime. Today its definition is often expanded by government regulators such as the

  • Word count: 5231
  • Level: University Degree
  • Subject: Law
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Ehtic Law

M?d???l ?th??s ?nd L?w ?n th? UK N?w?d?ys m?r? ?nd m?r? ??t??nts w?nt t? b? ?nv?lv?d ?n d???s??ns ?b?ut th??r b?d??s, ?nd t? ??rt?????t? ?nt?ll?g?ntly ?n th??r ?wn ??r? ?nd tr??tm?nt. Th?s ?s ? ??ns?qu?n?? ?f b?tt?r h??lth ?du??t??n ?nd ?m?r?v?d h??lth ??ns???usn?ss ?m?ng th? ?ubl??. ?t ?s n?t ?nly ?n?v?t?bl? but d?s?r?bl?. H?w?v?r ??qu??s??nt ??t??nts m?y h?v? b??n ?n th? ??st, ?r m?y h?v? b??n ?????t?d t? b?, ?n ??nt?m??r?ry ?r??t??? m?ny ??t??nts ?????t t? b? g?v?n ? full ????unt ?f th??r ??nd?t??n ?nd t? b? ?sk?d f?r th??r ??ns?nt ?n r?l?t??n t? ?ll d???s??ns r?l?t?ng t? th? ?r?v?s??n ?f h??lth ??r? t? th?m. Th?s ?s ? n?tur?l r?sult n?t ?nly ?f b?tt?r ?ubl?? ?du??t??n ?b?ut h??lth, but ?ls? ?f ?r?v??l?ng s????l ?tt?tud?s ?b?ut th? ?ut?n?my ?f th? ?nd?v?du?l. F?r ?ny ?r???dur? ?r tr??tm?nt ?n m?d???n?, wh?th?r th?s ?s m??sur?ng bl??d ?r?ssur?, g?v?ng ? t?bl?t ?r ??rry?ng ?ut ? l?rg? b?w?l r?s??t??n, ??t??nts must, ?n g?n?r?l, g?v? th??r ??ns?nt. ?n m?ny s?tu?t??ns th?s ??ns?nt ??n b? ?m?l??d fr?m th? ??t??nt's ??ndu?t ?s wh?n th? ??t??nt h?lds ?ut h?r ?rm f?r h?r bl??d ?r?ssur? t? b? m??sur?d. In our case there is no enidence of any such consnent form Joshua as it is specified that he was unconscience. Th? m?r? f??t th?t Joshua had gone t? h?s??t?l does not mean that he had s?m?ly ??ns?nted to Mr Hackitt t? t?u?h him ?n ?ny w?y as identified in Mason, McCall,1994.

  • Word count: 5130
  • Level: University Degree
  • Subject: Law
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Historical Background of the Concept of Rule of Law

PROJECT REPORT On 'RULE OF LAW' SUBMITTED TO : BY : Ms. BABITA PATHANIA KULWINDER KAUR Lecturer, Department of Laws; LL.B. 3rd SEMESTER P.U., Chandigarh. SECTION -H ROLL NO. - 84/06 Introduction The entire base of 'Administrative Law' rests on the concept of the 'Rule of Law'. No Constitution of any country can function and no nation can march along the true democratic way of life without a true and continuous realization of the importance of the 'Rule of Law' and of judicial review of legislative and executive action.1 The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', which means the principle of legality and which refers to a Government based on the principles of law and not of men. In simple words, the expression 'Rule of Law' indicates the state of affairs in a country where, in main, the law rules. Thus, it provides protection to the people against the arbitrary action of the Government and its officials by compelling them to exercise their powers in accordance with the law.2 Historical Background of the Concept of Rule of Law The concept of the 'Rule of Law' is indeed very ancient. It is said that the Holy Roman Emperor Konrad II (1024-1039 A.D) decreed in his great law compilation of May 28, 1037 that no holder of a feudal estate 'shall be deprived of his

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  • Level: University Degree
  • Subject: Law
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Discuss developments in claims for nervous shock since the case of Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310.

Table of Cases Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310 ... 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 17 Atkinson v Seghal [2003] EWCA Civ 697 ... 9 Barber v Somerset County Council (2004) UKHL 13 ... 5 Chadwick v BRB [1967] 1 WLR 912... 14 Coates v Government Insurance Office of New South Wales (1995) 36 NSWLR 1 ... 10 Cullin and Others v London Fire and Civil Defence Authority 1999 EWCA Civ 1784 ... 5, 14 Dulieu v White & Sons [1901] 2 KB 669 ... 3 Farrell v Merton, Sutton and Wandsworth HA (2000) 57 BMLR 158 ... 9 Frost v Chief Constable of South Yorkshire Police [1999] 2 AC 455 ... 13 Jaensch v Coffey [1984] HCA 52 ... 13 MacCarthy The Independent, 12 Dec 1996 ... 15 McFarlane v EE Caledonia Ltd [1994] 2 All ER 1 ... 14 McLoughlin v O'Brian [1983] 1 AC 410 ... 3 North Glamorgan NHS Trust v Walters [2002] EWCA 1792 ... 9, 12 Page v Smith [1995] 2 WLR 644 ... 4, 5, 13 Ravenscroft v Rederiaktiebolaget Transatlantic [1992] 2 All ER 470 ... 10 Schedule 2 Claimants v Medical Research Council and Secretary of State for Health (2000) 54 BMLR 1 ... 12 Sion Hampstead HA (1994) 5 Med LR 170 ... 12 Tame v New South Wales and Annetts v Australian Stations Pty Ltd [2002] HCA 35, 76 ALJR 1348 ... 16 Tan v East London and City Health Authority [1999] 9 Lloyd's Rep Med 39 ... 10 W v Essex County Council [2001] 2 AC

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  • Level: University Degree
  • Subject: Law
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Why is defence afforded to a perpetrator of a criminal act whether he is a principal or secondary offender?

Table of Statutes Criminal Law Act 1967 - s3 (1) ... 3 Table of Cases Abdul-Hussain [1999] Crim LR 570 ... 9 Becerra and Cooper (1976) 62 Cr App R 212 ... 12 Davidson [1969] V.R.667 ... 6 Graham [1982] 1 WLR 294 ... 8 Inseal [1992] Crim. L.R. 35 ... 12 Kingston [1933] N.L.J.R. 724 ... 12 O'Flaherty [2004] EWCA Crim 526, [2004] Crim LR 751 ... 12 Re A (Children) (Conjoined Twins: Surgical Separation) [2000] 4 All ER 961 ... 4, 5 Southwark LBC v Williams [1971] Ch 734 ... 5 Sullivan [1983] 2 All ER 673 ... 9 Tandy [1989] 1 All E.R. 267 ... 16 U.S. v Holmes, 26 Fed. Cas. 360 (1842) ... 7 Valderrama-Vega [1985] Crim. L.R. 220 ... 7 Windle [1952] 2 QB 826 ... 10 INTRODUCTION All offences are made up of two elements, that is the actus reus and the mens rea. Under Criminal Law, if the prosecution has been able to prove the actus reus and mens rea of the offence, the defendant may be guilty unless he or she is able to establish a defence.[1] Among all the defences, some are partial defences which do not lead to a complete acquittal, but only reduce the charge for which the defendant is convicted. It is for the prosecution to prove that the defendant was not relying on the defence if a defence is regarded as a denial of actus reus or mens rea. [2] In the theory of criminal law, it is common to distinguish between justification defences and excuse defences. In the

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  • Level: University Degree
  • Subject: Law
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Arbitration Law in Ireland

Arbitration Law Ireland plc Solicitors 23 DCU St. Co. Dublin Dear Michael, Your present case is not an uncommon one and it encompasses the characteristics of a classic contractual dispute. However in a quarrel such as this one, where the contract in question includes an arbitration clause, further differences will invariably arise over the appropriate means of resolving the dispute. Since the establishment of the 1954 and 1980 Arbitration Acts, the courts have exhibited a predominantly favourable attitude toward applications to stay legal proceedings pending arbitration. Recent history suggests that arbitration has advanced as a preferred alternative to litigation, as it merges procedural elasticity with binding resolutions and can be monitored by the courts.1 Arbitration allows parties to engage in a somewhat more cost-effective process where they can dictate the parameters of the investigation to be carried out by an independent adjudicator.2 In this correspondence I will enlighten you as to the likelihood of an application to stay any legal proceedings being granted to you by the courts. I will analyse the legislation and explore the relevant domestic and international case-law that illustrates the courts' regular reluctance to intervene in the arbitration process and how such a method of alternative dispute resolution has been outwardly encouraged by the judiciary.

  • Word count: 4899
  • Level: University Degree
  • Subject: Law
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COPYRIGHTS FOR TELEVISION FORMATS

Copyright Law Level 3 LLB LAW Student ID: 33165044 Year: 2007/08 Word count: 4121 I certify that this is my own work. The work has not in whole or in part, been presented elsewhere for assessment. Where material has been used from other sources it has been properly acknowledged. If this statement is untrue I acknowledge that I will have committed an assessment offence. I also certify that I have taken a copy of this assignment, which I will retain until after the Board of Examiners has published results and which I will make available on request. QUESTION 2 "Petersen J, giving judgement in 1916, determined that copyright was concerned with protecting the 'expression of thought' and not the 'originality of ideas'. Copyright does not require that an expression must be original - just that it is not copied from another work. This has led to a particular problem with television programme formats in United Kingdom law where there seems to be no protection in law of the basic idea in a format despite the fact that there is a growing business licensing these very format 'rights', however unique and original."1 What is to be considered in my work is the tendency of the courts and the copyright law systems of not providing protection to 'general ideas' of works, focusing on the works of television (TV) formats. An examination of what is the 'idea vs. expression dichotomy'

  • Word count: 4807
  • Level: University Degree
  • Subject: Law
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COPYRIGHT IN FILE-SHARING PROGRAMS:THE NEW ERA

Internet Law Level 3 LLB LAW Student ID: 33165044 Year: 2007/08 Word count: 4047 I certify that this is my own work. The work has not in whole or in part, been presented elsewhere for assessment. Where material has been used from other sources it has been properly acknowledged. If this statement is untrue I acknowledge that I will have committed an assessment offence. I also certify that I have taken a copy of this assignment, which I will retain until after the Board of Examiners has published results and which I will make available on request. QUESTION 2 "The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well-established distribution mechanisms."1 Technological advancements such as the introduction of the printing press and other technological inventions such as radios and television broadcasting, the internet, compact discs (CD) and digital versatile disc (DVD), 'has affected both the form and substance of intellectual property rights'.2 The main Intellectual Property Right (IPR) that WIPO is referring to is Copyright. The main aim of my work is to demonstrate using historical examples how the law of copyright has evolved in order to cope with the introduction of new technologies and particularly to deal with the ground-breaking file-sharing of the digital era of the

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  • Level: University Degree
  • Subject: Law
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In relation to regulations acting against money laundering, there are three Acts; Terrorism Act 2000, Proceeds of Crimes Act 2002, and Money Laundering Regulations 2007.

Money laundering and the financing of terrorist activities have been viewed as global predicaments more so since the events of September 11, 2001 and have been recognised as major issues in the international community. The two have been subjected as a threat to the financial welfare with regards to security, stability and efficiency. There has been much debate on the subject as it is not recognised by the general public as serious, who seem unaware of the immense impact it has. Most people do not know that money laundering is a crime upon a crime, as it is criminal activity that takes place after a more recognised criminal activity, such as theft, robbery, drug trafficking, tax evading, and terrorist's acts etc. Thus it is a process in which criminals legitimise their illegal earnings giving the view that it is from a legitimate source and due to the lack of information it is giving the view of a victimless crime. Major criminals who use money laundering to clean their illegal proceeds heavily rely on corrupt national financial systems and in effect allow those concerned to expand in their criminal operation as well as financial status1. This has devastating effects on a countries economy, politics and social and cultural aspects, more so in regards to developing countries. With this in mind, money laundering provokes these upscale criminals in a comfort that they are given a

  • Word count: 4540
  • Level: University Degree
  • Subject: Law
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Refugee Status

"The definition of refugee status contained in the 1951 convention, widely adopted and applied by states was drafted in a specific historical context. It is a limited conception of the refugee which is at variance with the reality of modern forced migration" (Harvey Seeking Asylum in the UK) Consider this statement and reflect upon the extent to which you agree or disagree with it. What do you believe to be the implications of and solution(s) (if any) to the displacement between 'law' and 'social reality' perceived by Harvey. The definition of the refugee status contained in the 1951 convention as defined by Harvey is a 'limited conception of the refugee' because it is drafted in a 'specific historical context,' and does not conform to the reality of modern forced migration. The identification of a 'refugee' has a focal requirement of fear in the definition of migration found in Article 1A of the refugee convention. It says that a 'refugee' is a person who: owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside his country of nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence...is unable or, owing to

  • Word count: 4517
  • Level: University Degree
  • Subject: Law
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