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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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Legitimate interests assessment flowchart

Legitimate interests assessment flowchart The UK General Data Protection Regulation (UK GDPR) permits processing of personal data where that processing is necessary for the purposes of the legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular, where the data subject is a child. There

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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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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...

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

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DCMS publishes Dormant Assets Parliamentary Review

The Department for Culture, Media and Sport (DCMS) has published a policy paper setting out its review of the Dormant Assets Scheme (the Scheme) and the Alternative Scheme, covering the period from February 2022 to February 2025. The review concludes that progress to fully operationalise the Scheme has been slower than originally anticipated due to regulatory and technical barriers, however, the insurance and pensions and securities sectors are now fully operational and the Scheme will soon be ready to include eligible assets from the investment and wealth management sector.

Google’s U-Turn on device fingerprinting—ICO’s response and subsequent guidance

Commercial law analysis: Jules Toynton, senior associate and Isla Neil, data, privacy and cybersecurity lawyer of DLA Piper consider the Information Commissioner’s Office (ICO) response to Google’s decision to lift a prohibition on device fingerprinting and the ICO’s draft guidance on the use of storage and access technologies following its response.

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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