Section 10A POCA – Third Party Interests
- November 26, 2019
- Mike Massen
- No comments
Section 10A of the Proceeds of Crime Act in 2015 allows the third party rights to be considered in confiscation proceedings. S10A allows the Court to hear third party representations in relation to an asset that is subject to a…
Bringing a claim against a professional for negligence.
- October 29, 2019
- Mike Massen
- No comments
If you have received poor, incorrect or inappropriate advice from a professional such as an architect, engineer, solicitor or accountant you may be entitled to make a claim for compensation. You can claim for any financial loss caused by the…
POCA and the Insolvency Act 1986
- August 15, 2019
- Mike Massen
- No comments
A recent case concerning the sale of a property at a below-market price has highlighted some of the interaction between part 9 of the Insolvency Act 1986 and POCA 2002. Under sections 339, 340, 423-425 of the Insolvency Act, certain…
Using your phone while driving: when is a phone not a phone?
- August 12, 2019
- Mike Massen
- No comments
An offence to use your phone while driving. Using your phone while driving: when is a phone not a phone? We all, or we should, know that it is an offence to use our phones when driving. S41 (D) of…
Liability of an Approved building inspector under s1 of the Defective Premises Act 1972
- July 17, 2019
- Mike Massen
- Comments Off on Liability of an Approved building inspector under s1 of the Defective Premises Act 1972
The recent case of Heron’s Court v Heronslea & others [2018] EWHC 3309 (TCC) has highlighted the extent to which an approved building inspector can be liable for breach of duty under s.1 of the Defective Premises Act 1972 (“the…
Tenant Fees Act 2019 and more
- June 19, 2019
- Mike Massen
- No comments
The Tenant Fees Act 2019 (“the Act”) came into force at the beginning of this month (June 2019). The act introduces a ban on various fees that had become the norm within the rental sector. Any tenancies entered into after…
Selling Assets Abroad
- May 28, 2019
- Mike Massen
- No comments
Advice and Assistance from Cohen Cramer If the Crown Court makes a Confiscation Order against you will be required to sell any assets that you own to make the payment. The onus is on you, the Defendant, to realise any…
Potential problems with a POCA conveyance
- May 8, 2019
- Mike Massen
- No comments
As part of POCA proceedings, you will often look to the sale of a property to satisfy your confiscation order. If, as part of your order you are required to dispose of residential or commercial property we strive to complete…
S23 Proceeds of Crime Act
- March 29, 2019
- Mike Massen
- No comments
If you have been convicted of a criminal offence that falls within the scope of the Proceeds of Crime Act and a Confiscation Order has been made against you, then you may be required to sell what assets are…
Top Tips for Building Contracts
- August 7, 2018
- Mike Massen
- Comments Off on Top Tips for Building Contracts
From a complete build to a new porch whatever your building project there is going to be some measure of hassle and upset; it is the nature of the beast but careful planning and preparation can reduce the aggravation and…