Due Diligence in UK Law
-
Riverstone Meat Company Pty. Ltd v Lancashire Shipping Company Ltd
“
It is plain to me that this conclusion turns on the consideration that the causative carelessness took place at a time before the carrier's obligation under Article III (1) had attached and in circumstances, therefore, when the builders and their men could not be described as agents for the carrier This is a tenable position for those who engage themselves upon the work of bringing the ship into existence.
-
Arnold v National Westminster Bank Plc
“
Cause of action estoppel arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been between the same parties or their privies and having involved the same subject matter. In such a case the bar is absolute in relation to all points decided unless fraud or collusion is alleged, such as to justify setting aside the earlier judgment.
-
Associated Leisure Ltd (Phonographic Equipment Company Ltd) v Associated Newspapers Ltd
“
But when the defendant seeks to plead justification at a late stage, his conduct will be closely enquired into. The Court will expect him to have shown due diligence in making his enquiries and investigations. The Court may well refuse him application if he has been guilty of delay or not made proper enquiries earlier. That case turned on its particular circumstances. That is why it was never reported. It is the case of O'Toole v. Chambers (unreported, 1924. O. No. 1743)
-
Man Nutzfahrzeuge AG and another v Freightliner Ltd and Others
“
Perhaps the first point to make in relation to the remaining three allegations is that in reality they are all complaints about the conduct of the audit and if well-founded could be the subject of a claim by ERF itself. None of them relates to the services that E&Y (UK) were engaged by Western Star to perform in connection with MN's due diligence exercise. E&Y (UK)'s sole function in that regard was to make working papers and explanations available to Deloitte & Touche.
-
Riverstone Meat Company Pty. Ltd v Lancashire Shipping Company Ltd
“
An obligation to exercise due deligence is to my mind indistinguishable from an obligation to exercise reasonable care - a concept not unfamilar in English Law, and one to be sharply distinguished from the obligation, to which certain relationships give rise, to see that care is taken.
-
Mobilix Ltd ((in Administration)) v HM Revenue and Customs; Blue Sphere Global Ltd v Same; Calltel Telecom Ltd and Another v Same
“
The test in Kittel is simple and should not be over-refined. It embraces not only those who know of the connection but those who “should have known”. If a trader should have known that the only reasonable explanation for the transaction in which he was involved was that it was connected with fraud and if it turns out that the transaction was connected with fraudulent evasion of VAT then he should have known of that fact.
-
Hunter and Others v Chief Constable of West Midlands
“
On an appeal (which is a re-hearing) we have said that the fresh evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive, see Ladd v. Marshall (1954) 1 Weekly Law Reports at page 1491 and Skone v. Skone (1971) 1 Weekly Law Reports at page 815. But in order to avoid the effect of an estoppel (when there is no re-hearing) the fresh evidence must, I think, be decisive.
- The Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023
-
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
... ... ” has the meaning given by regulation 14A(1) ;“custodian wallet provider” has the meaning given by regulation 14A(2) ;“customer due diligence measures” means the measures required by regulation 28, and where relevant, those required by regulations 29 and 33 to 37;F276“the data ... ...
-
The Electrical Equipment (Safety) Regulations 2016
... ... Defence of due diligence ... (1) In proceedings for an offence under regulation 50, it is a defence for a person (“P”) to show that P took all reasonable steps and ... ...
-
The Business Protection from Misleading Marketing Regulations 2008
... ... Annotations: Amendments (Textual) # F5 1980 c.43. # F6 1995 c.46. # F7 S.I. 1981/1675 (N.I. 26) ... Due diligence defence ... (1) In any proceedings against a person for an offence under regulation 6 it is a defence for that person to prove—(a) that the ... ...
-
Fundamentals for automating due diligence processes in property transactions
Purpose: This research provides fundamentals for generating (partially) automated standardized due diligence reports. Based on original digital building documents from (institutional) investors, th...
-
Corporate Due Diligence as a Tool to Respect Human Rights
This article aspires to assist companies and human rights analysts to determine why, when and how human rights impact assessments can be integrated into existing corporate due diligence processes. ...
-
The international standards of customer due diligence and Chinese practice
Purpose: The purpose of this paper is to systematically introduce the latest documents of customer due diligence (CDD) issued by international organizations and developed countries, and to examine ...
-
Implementing innovative customer due diligence: proposal for universal model
Purpose: The purpose of this paper is to present the identification-verification-confirmation of identity (IVCid) model that can be used to retroactively analyze the existing customer identificatio...
-
AML and due diligence
A key part of the UK anti-money laundering (AML) regime is customer due diligence (CDD) which comprises checks that firms should apply to new customers whether or not they are high risk. Another im...
-
ECJ publishes MLD3 due diligence interpretation opinion
ECJ has published an opinion in the case of Safe Interenvíos S.A. v. Liberbank S.A. and Others. Three banks had closed accounts a payment institution held with them, on the basis of money launderin...
- IP Due Diligence
-
ESG due diligence
Over the last 18 months, a raft of publicity has propelled environmental, social and governance (ESG) issues to the forefront of corporate thinking. Three sources of pressure are behind this: (1) f...
-
Apply to become someone's deputy (make a declaration)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... to the court if I feel additional powers ... are needed ... I will act with due care, skill and diligence, ... as I would do in making my own decisions ... and conducting my own affairs. Where I ... undertake my duties as a deputy in the ... course of my ... ...