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�Ѿ��پ������پ��Dz�—c��𳦰�������� 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...

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...

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Bringing a civil claim against multiple defendants—considerations for the claimant and defendants

This Practice Note considers issues arising when multiple defendants (or co-defendants), domiciled in England and Wales, are or may be involved in proceedings in this jurisdiction, from the perspective of the claimant and the defendants.For information on the specific issues to consider with regard to liability in tortious claims which involve more than one defendant or prospective defendant, see Practice Note: Multiple tortfeasors—liability issues.For information on joint and several liability between multiple parties to a contract or between joint tortfeasors, and guidance on who should be sued in these situations, see Practice Note: Joint, several, and joint and several liability.Considerations for the claimantWhere a claimant has suffered loss or damage, they may consider that more than one party is responsible for that loss or damage and will need to decide against whom to bring proceedings. This will involve consideration of many issues, including the limitation periods that apply to each claim, the merits of the claim against each potential defendant, the means of each defendant to satisfy any damages and/or...

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...

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Draft order for an application to stay proceedings under art 29 of Brussels I (Recast) [Archived]

Draft order for an application to stay proceedings under art 29 of Brussels I (Recast) [Archived] ARCHIVED: This Precedent has been archived and is not maintained. This Precedent and associated drafting notes are for use in proceedings commenced in the courts of England and Wales at any time provided that the related proceedings in the EU Member State court were commenced on or before 31 December 2020 and the transitional provisions for jurisdiction in Articles 67 or 69 of the Withdrawal Agreement have been met. Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] between: [insert name]        Claimant/Respondent and ...

Order for strike out for failure to comply

Order for strike out for failure to comply Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] Between [insert name]        Claimant / [Applicant OR Respondent] and [insert name]        Defendant / [Applicant OR Respondent] _______________________________________ [ Draft ] Order for strike out for failure to

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In instances where the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies, in respect of a Part 8 claim form, does the insurer under TP(RAI)A 2010 take the place of and replace the now insolvent defendant?

In instances where the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) applies, in respect of a Part 8 claim form, does the insurer under TP(RAI)A 2010 take the place of and replace the now insolvent defendant? When the Third Parties (Rights Against Insurers) Act 2010 applies, the rights of the insured (ie the ‘relevant person’) are automatically transferred to the third party upon the insolvency of the insured through a statutory transfer. It does not create new substantive rights but transfers the pre-existing contractual rights. This means that a third party can now bring proceedings directly against the insurer or seek information about the insurance position at

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.

In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may discontinue that claim only if— • the defendant who made the interim payment consents in...

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Property weekly highlights—14 November 2024

This week's edition of Property weekly highlights includes: a Law Commission consultation on the right to renew business tenancies under Part 2 of the Landlord and Tenant Act 1954, regulations bringing into force local authority rental auctions of vacant high street premises and cases on adverse possession, constructive trusts in family disputes and bankruptcy proceedings and a test case on the provision of electrical reports under the Renting Homes (Wales) Act 2016.

Private Client weekly highlights—14 November 2024

This week’s edition of Private Client highlights includes: (1) Ballard v Buzzard, where rectification was ordered to validate pension scheme amendments despite defects in the execution of the deeds; (2) TA v The Public Guardian, which concerned the duties of a certificate provider for a lasting power of attorney; (3) the Civil Justice Council publishes its final report on the procedure to determine mental capacity in civil proceedings; (4) HMRC publishes new guidance on the abolition of the furnished holiday lettings tax regime, and (5) Raja v ATM Law, which involved a dispute over the beneficial interest in a property subject to a charging order and the validity of trust deeds.

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112 Interpretation of Chapter 1

(1)     In this Chapter—“bad character” is to be read in accordance with section 98;“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;“important matter” means a matter of substantial importance in the context of the case as a whole;“misconduct” means the commission of an offence or other reprehensible behaviour;“offence” includes a service