Gain Definition

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GLOSSARY

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What does Gain mean?

The term 'gain' appears in many statutes and is not generally restricted to commercial gain or profit.

For example, under the Theft Act 1968, s 34(2), while 'gain' extends only to gain in money or other property it also extends to any such gain which is merely temporary and includes a gain by keeping what one has as well as a gain by getting what one has not. 'Gain' is similarly defined by the Fraud Act 2006, s 5.

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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...

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

Setting up a panel of preferred suppliers of legal services—flowchart

Setting up a panel of preferred suppliers of legal services—flowchart This Flowchart is designed to illustrate a logical process for setting up a panel of preferred suppliers of legal services. It provides guidance on the key steps and considerations to be followed by an in-house legal team when creating a panel of external preferred legal services suppliers. It assumes that a considered decision has been made to outsource some or all legal work in an organisation. It also assumes that the organisation is a private sector organisation incorporated in England and Wales and in particular is not subject to public sector procurement rules. Note 1 The first step is to put together a legal services procurement team to lead and manage the project. This team should ideally be small (maximum six people) to avoid it becoming unwieldy. The engagement and support of business stakeholders for the project is critical to its success. It is worth identifying your key stakeholders within the organisation who use legal services provided by external...

Fraud by failure to disclose and abuse of position

Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a defendant:•fails to disclose information to another person while under a legal duty to do so and•this failure is done dishonestly, and•intended by the failure to make a gain or cause a lossThe elements of the offence in section 3 of the Fraud Act 2006 (FrA 2006) must be read in conjunction with the offence creating provision in FrA 2006, s 1.The offence is focused on the defendant's conduct and intention and it is irrelevant whether anyone was deceived or if there is any actual loss or gain.There is a degree of overlap with the FrA 2006, s 2 offence (Fraud by false representation) as any incomplete disclosure of information may be a misleading representation. See further, Practice Note: Fraud by false representation.Defining what it means to cause a gain or a lossGain and loss extends only to gain and loss in money or other...

Fraud by false representation

This Practice Note covers the offence of fraud by false representation. You may also be interested in the following Practice Notes: •Fraud by failure to disclose and abuse of position•Obtaining services dishonestly under the Fraud Act 2006•Possessing or making articles for use in fraud•Conspiracy to defraud•Internal company fraud investigationsFor civil fraud claims, see: Civil fraud—overview.Fraud by false representationFraud by false representation is criminalised under section 2 of the Fraud Act 2006 (FrA 2006), when read in conjunction with FrA 2006, s 1.The elements of the offence are:•making•a false representation •dishonestly •knowing that the representation was or might be untrue or misleading •with intent to make a gain for themselves or another, to cause loss to another or to expose another to risk of lossFraud by false representation applies to a broad range of conduct. No gain or loss need actually be made, and no deception need actually result from a representation for FrA 2006 offences to bite. The offence is complete as soon as the defendant makes a false representation,...

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‘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...

Mobile app end-user licence agreement (EULA)—for Google Play

Mobile app end-user licence agreement (EULA)—for Google Play We are [app provider’s name and address], the creators of [app name] (referred to below as the ‘app’). You must be at least [13] years old and resident in the UK to use the app. By downloading the app, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy before you download and use the app. Only download the app if you have read the rules and agree to them. If you do not agree to these terms, we will not allow you to use the app and you should not download it. In this agreement, references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s rules’. 1 This agreement 1.1 This agreement is made between us you and us. Google is not a party to...

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Is a community interest company allowed to offer shares to the public?

Is a community interest company allowed to offer shares to the public? A community interest company (CIC) is a type of limited liability company formed specifically for the purpose of carrying on business for social purposes or to benefit a community. A CIC may be a private company limited by shares, a public company limited by shares or a private company limited by guarantee. It must comply with usual UK company law requirements, and is also subject to additional regulation to ensure that the CIC’s assets, income and profits are used in the interest of the

Can a non-visa national with entry clearance as a Skilled Worker travel to the UK before the start date on their visa and seek entry as a visitor? If so, can they remain in the UK and start working for the sponsor after the visa start date?

Can a non-visa national with entry clearance as a Skilled Worker travel to the UK before the start date on their visa and seek entry as a visitor? If so, can they remain in the UK and start working for the sponsor after the visa start date? Q&A: If an individual applies for a visa (eg a Skilled Worker visa) outside the UK, but travels into the UK as a visitor while the application is pending, will this have an impact on their pending visa application? states as follows: ‘If an applicant arrives at the UK border while a pending visa application (in this case, Skilled Worker) remains outstanding, they cannot be admitted to the UK via that pending route. Most commonly, the individual would be admitted as a visitor, for which they would require either a pre-existing visa or to be a non-visa national. They would of course have to satisfy all aspects of the visitor rules, notably the requirement that they intend to leave the UK on completion...

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ABI and Lloyd’s of London publish guidance on major cyber events

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GLOSSARY

Gain definition

What does Gain mean?

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MVNO agreement—checklist

View the related flowcharts about Gain

EU GDPR—personal data breach notification—flowchart

Setting up a panel of preferred suppliers of legal services—flowchart

View the related practice notes about Gain

Fraud by failure to disclose and abuse of position

Fraud by false representation

View the related precedents about Gain

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

Mobile app end-user licence agreement (EULA)—for Google Play

View the related q&as about Gain

Is a community interest company allowed to offer shares to the public?

Can a non-visa national with entry clearance as a Skilled Worker travel to the UK before the start date on their visa and seek entry as a visitor? If so, can they remain in the UK and start working for the sponsor after the visa start date?

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Autumn Budget 2024—carried interest taxation reform

ABI and Lloyd’s of London publish guidance on major cyber events

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Gain definition

What does Gain mean?

View the related checklists about Gain

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MVNO agreement—checklist

View the related flowcharts about Gain

EU GDPR—personal data breach notification—flowchart

Setting up a panel of preferred suppliers of legal services—flowchart

View the related practice notes about Gain

Fraud by failure to disclose and abuse of position

Fraud by false representation

View the related precedents about Gain

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

Mobile app end-user licence agreement (EULA)—for Google Play

View the related q&as about Gain

Is a community interest company allowed to offer shares to the public?

Can a non-visa national with entry clearance as a Skilled Worker travel to the UK before the start date on their visa and seek entry as a visitor? If so, can they remain in the UK and start working for the sponsor after the visa start date?

View the related News about Gain

Autumn Budget 2024—carried interest taxation reform

ABI and Lloyd’s of London publish guidance on major cyber events

Call us on

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Policies

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