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Sentencing Guidelines for Corporate offenders—Money laundering checklist

Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...

Checklist—The Diffuse Mesothelioma Payments Scheme

Checklist—The Diffuse Mesothelioma Payments Scheme This Checklist outlines the key aspects of the Diffuse Mesothelioma Payments Scheme which was set up in July 2014 to make payments to victims of mesothelioma who are unable to trace either a liable insurer or their employers’ liable insurer. The key aspects of the Diffuse Mesothelioma Payments Scheme are: Provision The law The detail Comment Eligible applicants Section 2 of the Mesothelioma Act 2014 (MA 2014) A claimant is eligible for payment if 'a relevant employer has negligently or in breach of statutory duty caused or permitted the person to be exposed to asbestos'The claimant must not have already brought a claim for damages against an insurer or employerThey must be 'unable to bring an action' because the employer or insurer 'cannot be found or no longer exists or for any other reason'The claimant must not have received damages or 'a specified payment' or be entitled to received such a payment in respect of their mesothelioma This eligibility criteria can be problematic for...

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Civil court structure in Scotland—flowchart

Civil court structure in Scotland—flowchart This Flowchart provides a simple diagrammatic illustration of the civil court structure in Scotland. It should be read in conjunction with the Practice Note: Civil court structure in Scotland, which provides further detail on the role of each court, how they are constituted, their jurisdiction, procedural rules and routes of appeal. Note: the illustration provides for the standard civil action structure and so does not include, for example,

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Specific time periods for different types of personal injury claim

The Limitation Act 1980 is referred to as LA 1980.Accidents abroadPursuant to the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in England or Wales is applying the law of a foreign country, the relevant foreign limitation period applies unless applying it would so conflict with public policy as to cause undue hardship to one of the parties. In Harley v Smith, the application of a 12-month period pursuant to Sharia law did not amount to undue hardship.In Naraji v Shelbourne, it was not contrary to public policy to hold the claimant to the two year limitation period under Indiana law.In Iraqi Civilians v Ministry of Defence (No 2), the Supreme Court held that FLPA 1984 is the relevant law where the foreign limitation law (in this case, the Iraqi Civil Code and Coalition Provisional Authority (CPA) Order 17) depended for its operation on facts which were not germane to the litigation in England.See Practice Note: Foreign Limitation Periods Act 1984.Accidents before 4 June 1954Any claim that accrued...

The pre-action personal injury protocol—pre-6 April 2015 [Archived]

THIS PRACTICE NOTE DEALS WITH PROVISIONS EFFECTIVE FROM 1 APRIL 2013. FOR CLAIM NOTIFICATION FORMS SENT ON OR AFTER 6 APRIL 2015, PLEASE REFER TO THE LATEST VERSION OF THIS PROTOCOL: The Pre-Action Protocol for Personal Injury Claims—6 April 2015 onwards.To view a copy of the pre-action personal injury protocol—pre-6 April 2015 see:To view a copy of the pre-action personal injury protocol—post-6 April 2015 see:This protocol is intended to apply to all claims which include a personal injury claim (except those claims covered by the low value road traffic accident protocol, the clinical disputes protocol, and the disease and illness protocol). Where the protocol applies it is relevant to the entire claim, not just the personal injury element. This revised protocol will only be effective from 1 April 2013.The pre-action protocol is primarily aimed at cases with a personal injury element whose value is less than the fast track limit. However, the spirit of the protocol, which requires a cards on the table approach from all parties, is equally applicable...

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Licence to carry out environmental investigations

Licence to carry out environmental investigations Parties 1 [insert name of licensor] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensor) 2 [insert name of licensee] [of [insert address] OR company number [insert company number] whose registered office is at [insert address]] (the Licensee) 1 Background (A) The Licensor is the registered [freehold OR leasehold] owner of the Property. (B) The Licensee has expressed an interest in [acquiring OR leasing] the Property. (C) The Licensor will permit access to the Property by the Licensee and the Consultant for the purpose of carrying out investigations as to ground conditions at, in, on, under or about the Property, subject to the terms of this Licence. 2 Definitions Competent Authority • means any statutory undertaker or any public local or other authority or regulatory body or government department, or any other body exercising powers under statute or by royal charter or any court of law or any...

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer

‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer PLEASE READ THE TERMS AND CONDITIONS BELOW CAREFULLY This is a legally binding agreement (‘Agreement’) between you (‘User’ or ‘you’) and [NAME OF SUPPLIER] whose registered address is [ADDRESS OF SUPPLIER] (‘Supplier’, ‘us’ or ‘we’). Under this Agreement, we are providing you with [NAME OF SOFTWARE AND VERSION] with all the content, material or services accessible within the Software and all updates and upgrades to the Software (unless we ask for a separate agreement to be entered into for such updates and upgrades) (‘Software’) and all associated documentation and support resources (‘Documentation’). This Agreement is not for the sale of the Software to you but to grant you a licence which allows you to use the Software and Documentation on the terms and conditions set out below. This means that you do not own the Software and are only allowed to use the Software in accordance with this Agreement. We remain the sole and beneficial owners of the Software and the...

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What is motor vehicle or road traffic accident insurance?

What is motor vehicle or road traffic accident insurance? In the UK, motor insurance is a mandatory insurance policy for any vehicle owner or driver unless the vehicle is declared as off the road. There are heavy penalties, both civil and criminal, for uninsured drivers (who are caught). The mandatory insurance regime is intended to protect the general public (including pedestrians and other non-vehicle users) against personal injury and damage caused in a road traffic accident. Types of motor insurance policies The motor insurance market is split into three main types of insurance: third-party only; third-party fire and theft; and comprehensive policies: • third-party only policies provide the minimum level of cover required by the law, namely the Road Traffic Act 1988 (RTA 1988). RTA 1988 mandates that motor insurance must at the very least cover the risk of death, personal injury or property damage to third parties caused by the insured vehicle • third-party fire and theft provides third-party cover as described above but in addition...

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord.

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord. This Q&A considers who may qualify as an occupier under the Occupiers’ Liability Act 1957 (OLA 1957). OLA 1957 contains no definition of an ‘occupier’. The issue of who is an occupier is dealt with under the common law. It is important to recognise that the key issue is of control over, rather than ownership of, the premises. An occupier is any legal entity with a sufficient degree of control over premises such that it can properly be considered to be an occupier (see Wheat v E Lacon). The key element is that the occupier has effective control. There is no requirement for the occupier to have a legal interest in the land. There can be multiple occupiers of premises at any given time. It has...

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PI & Clinical Negligence weekly highlights—12 September 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a case analysis of a Court of Appeal decision on vicarious liability of a foster carer that was related to the child, a High Court case analysis on a clinical negligence costs decision, and news on a Court of Appeal decision regarding the contributory negligence of the deceased in a road traffic accident. We also take a look at the new clinical negligence claims management agreement which replaces the earlier COVID-19 Clinical Negligence Protocol 2020. In addition, we have our usual round up of other news and key cases and New Law Journal articles of interest.

Restructuring & Insolvency weekly highlights—12 September 2024

This week's edition of Restructuring & Insolvency weekly highlights includes: the publication by the Insolvency Service of enforcement outcomes management information for August 2024, an update on the Water (Special Measures) Bill, analysis of the quantum of assigned claims (Manolete Partners Plc v Freed), plus a round-up of other news and cases for restructuring and insolvency professionals.