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²Ñ¾±³Ù¾±²µ²¹³Ù¾±´Ç²Ô—c³ó±ð³¦°ì±ô¾±²õ³Ù How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Checklist for compromises of FCA-regulated entities: information requirements

Checklist for compromises of FCA-regulated entities: information requirements The Financial Conduct Authority (FCA) is the conduct regulator for financial services firms and financial markets in the United Kingdom. It has a duty under section 1B of the Financial Services and Markets Act 2000 (FSMA 2000) to pursue certain objectives, one of which is the consumer protection objective. The FCA lists its statutory objectives as to secure an appropriate degree of protection for consumers and to protect and enhance the integrity of UK financial markets, with a view to reducing the number of proposed compromises that they do not consider to be appropriate (see FG22/4, para 1.2). On 5 July 2022, the FCA published guidance on compromises of regulated firms (see FCA Guidance FG22/4 July 2022 and updated in January 2024) following their significant concerns about these tools being proposed and used by firms to avoid paying customers redress (see: LNB News 05/07/2022 72). Practitioners will need to take note of the guidance where the proposed compromise involves regulated companies, meaning...

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Reason for dismissal—conduct

Conduct is a potentially fair reason for dismissal. Dismissals for misconduct are probably the most frequent category of unfair dismissal claim brought before the employment tribunal.The conduct does not have to be of any particular character. It does not have to be 'reprehensible' or even 'culpable' for it to constitute a potentially fair reason, although the extent to which the claimant is blameworthy may be relevant when considering whether or not dismissal was a fair sanction in all the circumstances and also when assessing compensation, see: Appropriateness of dismissal: general below and Practice Note: The unfair dismissal compensatory award—Contributory fault.Dismissal for an isolated incident of misconduct will rarely be fair although, in some circumstances, the incident will be sufficiently serious to justify dismissal for a first offence. Generally, dismissal for misconduct will only be a reasonable sanction if the employee had committed earlier acts of misconduct and been warned that further incidents may lead to dismissal.Refusal to comply with instructionsAn employee is under a general obligation to follow lawful and...

Prohibited conduct claims: declarations and recommendations

This Practice Note examines the use of declarations and recommendations by an employment tribunal as remedies in a prohibited conduct (eg discrimination) claim.Declaration of rightsIf an employment tribunal finds that there has been a contravention of:•Part 5 (work) (see Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims)•section 108 (prohibited conduct concerning relationships that have ended—see Practice Note: Employment events which give rise to discrimination, harassment and victimisation claims—After employment)•section 111 (instructing, causing or inducing contraventions—see Practice Note: Liability of employers and employees under the Equality Act 2010—Instructing, causing or inducing contraventions)•section 112 (aiding contraventions—see Practice Note: Liability of employers and employees under the Equality Act 2010—Aiding contraventions)it may make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate.This remedy is rarely used. It may be useful in cases where compensation is inappropriate because, for instance, the claimant has not yet suffered any financial loss, or where some point of principle is involved....

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Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

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What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result?

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result? The following questions potentially arise: • has there been an increase in risk which the insured is obliged to disclose during the currency of the policy? • must the information be disclosed at renewal? • does it attract the operation of an exclusion for pre-existing conditions? • has there been any non-disclosure or misrepresentation? The insured’s state of health may be relevant to a wide variety of insurance policies, including long-term policies (eg life assurance, income protection or critical illness) and short-term policies (eg private medical, accident, or travel insurance). Some policies may be fully underwritten at the outset by means of a detailed proposal form. Others may only require minimal disclosure at inception but exclude cover for pre-existing medical conditions and/or require notification of changes in the insured’s health. It is therefore...

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market?

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market? Summary This Q&A refers to the European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on 12th March 2018, which could have an impact on the market for trading participations in syndicated and bilateral loans. Both of the Loan Market Association (LMA) and the City of London Law Society made representations asking for the Proposal to be shelved or at least amended to accommodate current market practice in the secondary loan market. Their representations are available on their respective websites. It is fair to say that in its original form the Proposal would have disrupted the secondary loan market by making due diligence on the part of a buyer much more complicated for the reasons given below. The UK indicated on 9 July 2018, shortly after publication of this Q&A, that it would not opt in...

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FCA powers and Upper Tribunal jurisdiction confirmed (FCA v Bluecrest Capital Management (UK) LLP)

Financial Services analysis: In a decision with significant implications for financial services firms, the Court of Appeal allowed the Financial Conduct Authority’s (FCA) appeal, addressing in its judgment the scope of the Upper Tribunal’s jurisdiction in financial services claims and the extent of the FCA’s Own Initiative Requirement (OIREQ) powers to impose redress requirements on individual firms. The court held that the FCA’s power to impose a redress requirement pursuant to section 55L of the Financial Services and Markets Act 2000 (FSMA 2000) is not subject to any of the four statutory conditions contained in FSMA 2000, s 404, and that the FCA’s OIREQ powers give the FCA a broad general power to impose a redress scheme on a single firm. The court also found that the Upper Tribunal had erred in deciding that it had no jurisdiction to allow the FCA to amend its statement of case, adopting a broad interpretation of what may be encompassed in the ‘matter’ before the Upper Tribunal. Written by Lucy Tolond, partner and...

Analysing the implications of first FCA crypto ATM crackdown

Law360, London: On 10 September 2024 , the UK's Financial Conduct Authority (FCA) launched a criminal prosecution against Olumide Osunkoya, the first of an owner of a firm enabling crypto asset trading, who pled guilty to the charges. The regulator announced that it had secured its first conviction on 30 September 2024 for two offences relating to the unlawful operation of multiple crypto automated teller machines that were not registered with the FCA.

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95 Circumstances in which an employee is dismissed

(1)     For the purposes of this Part an employee is dismissed by his employer if (and, subject to subsection (2) . . ., only if)—(a)     the contract under which he is employed is terminated by the employer (whether with or without notice),(b)     he is employed under a contract for a fixed term and that term expires without being renewed under the same contract, or[(b)     he is employed under a limited-term contract and that contract terminates by virtue of the limiting event without being renewed under the same contract, or](c)     the employee terminates