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GLOSSARY

What does Proof mean?

A hearing before a judge where evidence is led.

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Considerations and next steps for victims of fraud—checklist

Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...

Contractual considerations for the procurement of artificial intelligence—checklist

Contractual considerations for the procurement of artificial intelligence—checklist This Checklist highlights the key procurement, licensing and contractual issues relevant to artificial intelligence (AI) or machine learning (ML) solutions. Depending on the specific application, the inclusion of AI may mean adding simple automated functionality, through to creating a complex, intelligent tool controlled by either a third party or by the customer. This Checklist assumes that the AI will be capable of an element of learning and that, as such, one or both of the parties will be involved in training it. For a discussion of methodologies for the management of risks and challenges that might arise during the deployment of AI technology, see News Analysis: Understanding and managing the risks in artificial intelligence (AI) technology projects. General issues related to software development and licensing, systems integration, outsourcing and software support services may also be relevant, depending on the solution, but are not highlighted in this Checklist. For more, see Practice Notes: • Key issues in software licence agreements • Software development...

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. Note: A new version of the protocol applies from 6 April 2015. For the post-6 April 2015 pre-action protocol, see Practice Note: The Pre-Action Protocol for the Resolution of Clinical Disputes—6 April 2015 onwards. The Clinical Disputes Protocol came into force on 26 April 1999. It arose from the Clinical Disputes Forum, a multi-disciplinary body formed in 1997 as a result of Lord Woolf’s Access to Justice inquiry. It is designed to encourage a climate of openness when something has gone wrong with a patient’s treatment or the patient is dissatisfied with medical treatment. It sets out a timed sequence of steps for patients and health care providers to follow when a dispute arises. It is designed to speed up the exchange of relevant information and increase the prospects of dispute resolution without resorting to legal action. The Clinical Disputes Protocol created a...

General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

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Drafting notes for claim form in s 21 notice accelerated possession proceedings

Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...

Director’s responsibility letter—offeree directors

Director’s responsibility letter—offeree directors To: [name of offeree] (the Company) and its other directors [name of financial adviser] (the Bank) Proposed takeover offer for the Company 1 I, the undersigned, a director of the Company, understand that in connection with the offer [to be] made by the [insert name of offeror] (the Offeror) for [all] the issued [and to be issued] [ordinary] [and preference] share capital of the Company [(such offer to be implemented by means of a scheme of arrangement (Scheme) of the Company) ](the [ Offer OR Acquisition ]), 1.1 [the Offeror will or may issue or publish, or cause to be issued or published (amongst other things): 1.1.1 a document addressed to shareholders of the Company, containing information about the Offer, including full details of its terms and conditions (the Offer Document); 1.1.2 [a prospectus or equivalent document containing details of the issue of shares proposed to be made by...

Dive into our 296 Precedents related to Proof

Can the name of a minor be changed by an unenrolled change of name deed or is it necessary to use the formal deed poll process?

Can the name of a minor be changed by an unenrolled change of name deed or is it necessary to use the formal deed poll process? Where the parents of a child do not agree on whether a child’s name should be changed, in the absence of a child arrangements order specifying with whom a child is to live, an application to change a child's surname should be made under section 8 of the Children Act 1989 (ChA 1989) for a specific issue order or a prohibited steps order. Pursuant to ChA 1989, s 1(1) the child's welfare is the paramount consideration in such applications. In ChA 1989, s 8 applications the welfare checklist at ChA 1989, s 1(3) is applicable. Where there is a child arrangements order regulating living arrangements in place, applications for change of surname should be made by way of a freestanding application for permission under ChA 1989, s 13(1)(a). For further information about applications to change a child’s name and the factors that the court...

Where DNA test results have concluded that the father of a child is not their biological father, what steps can the mother take to apply for the removal of the father’s parental responsibility?

Where DNA test results have concluded that the father of a child is not their biological father, what steps can the mother take to apply for the removal of the father’s parental responsibility? A putative father of a child only obtains parental responsibility for that child if one of the criteria in the Children Act 1989 (ChA 1989) is satisfied. The most common of those criteria includes, inter alia: • the putative father was married to the mother at the time of the birth • he is registered as the child’s father on the child’s birth certificate pursuant to the Births and Deaths Registration Act 1953 • he and the mother make an agreement providing for him to have parental responsibility • the court, on his application, orders that he shall have parental responsibility for the child (note that a parental responsibility order must be made where a child arrangements order is made that the child lives with the father If none of those criteria apply, the...

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As LCF execs receive hefty bills, attention shifts to UK SFO probe

A London judge’s order that London Capital & Finance (LCF) executives pay £180m for their roles in the collapse of the ‘Ponzi scheme’ has closed another chapter in the long-running saga. Attention will now turn to the Serious Fraud Office’s (SFO’s) efforts to bring charges in the case. The SFO has been investigating the case since 2019, and will have followed the civil case closely.

Amendments to UK sanctions legislation

Corporate Crime analysis: The Sanctions (EU Exit) (Miscellaneous Amendments) (No 2) Regulations 2024 , SI 2024/1157 (the Amending Regulations) were enacted under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018) on 12 November 2024. The Amending Regulations vary and (in certain regimes) extend existing legislative provisions dealing with reporting requirements, licensing grounds, statutory exceptions to prohibitions and other ancillary matters across the UK’s financial and trade sanction regimes enacted under SAMLA 2018 (including the global human rights, anti-terrorism, counterterrorism, cyber and chemical weapons regimes). In addition to these overarching amendments, several changes are made to the Russia (Sanctions) (EU Exit) Regulations 2019 (the ‘Russia Regulations’), as explored further below. Written by Diana Czugler & Jake Eddison-Cook at Peters & Peters Solicitors LLP.

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