The UK's Law Society revealed last week that it is set to challenge the anti-money laundering provisions contained in the 2002 Proceeds of Crime Act at the Court of Appeals.
According to the industry body's Law Gazette news service, the interpretation of remarks made by Dame Elizabeth Butler-Sloss in an earlier case is one of the key issues under dispute in the case of Bowman v Fels.
Dame Elizabeth had reportedly commented that once a report has been made to the National Criminal Intelligence Service (NCIS), no further steps must be taken with regard to the transaction in question until the issue has been resolved with the Service, and consent has been granted, deemed consent has been given, or permission to continue with the arrangement has been denied.
The Court of Appeal is set to decide whether in the intervening period, legal advisers can continue with preparations for a pending trial.
Speaking to the Law Gazette about the appeal, a Law Society spokesman explained that:
"The Law Society is intervening in the case because it involves legal issues of general importance to the profession. It is hoped that the appeal will also clarify the circumstances in which disclosures need to be made to NCIS during the conduct of litigation."
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