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The term 'loss' appears in many statutes and is not generally restricted to permanent deprivation.
For example, under s 34 of the Theft Act 1968, while 'loss' extends only to loss in money or other property it also extends to any such loss which is merely temporary and includes a loss by not getting what one might get as well as parting with what one has. 'Loss' is similarly defined by s 5 of the Fraud Act 2006.
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Drafting a building contract/schedule of amendments鈥攃hecklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method鈥攃onstruction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters 鈥 Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor鈥檚 company number and name at Companies House. 鈥 Obtain consultants鈥 details Confirm the full details of the consultants engaged by the employer; some...
DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: 鈥 whether it is likely to be in the interests of justice, and 鈥 that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
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Loss and expense claims in JCT Intermediate
Loss and expense claims in JCT SBC 2011鈥攆lowchart [Archived] ARCHIVED: This
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Offence of failure to deliver up property to, or concealing property from official receiver or trusteeA bankrupt commits an offence if they: 鈥ail to deliver up any property to the official receiver or trustee which they are required by law to deliver up and which is in their possession or under their control. The official receiver or trustee may direct the bankrupt to give possession of only part of their property in which case only that part is relevant for the purposes of the offence鈥onceal any debt due to or from them or conceals any property which they are required to deliver up to the official receiver or trustee the value of which is not less than the prescribed amount鈥onceal debts or property valued at not less than the prescribed amount during the 12 months preceding the presentation of the petition or between the presentation of the petition and the commencement of the bankruptcyThe offence under section 354 is triable either in the magistrates' court or the Crown Court.Offence of...
Employment claims in Scottish civil courts Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of. This Practice Note provides an overview of: 鈥 the most common orders sought by employment lawyers in Scottish civil courts 鈥 the structure of the Scottish civil court system 鈥 the jurisdiction and key features of each relevant court 鈥 rights of audience 鈥 rules of procedure 鈥 important points about: 鈼 breach of contract claims in Scotland 鈼 injunctive (interlocutory) relief in Scotland 鈼 dawn raids in Scotland 鈼 industrial relations disputes in Scotland 鈼 equality of terms claims in Scotland The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of...
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Consultancy agreement鈥攃ompany and individual鈥攑ro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant鈥檚 name] [Insert consultant鈥檚 address] [Insert date] Dear [insert consultant鈥檚 name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks鈥 OR months鈥橾 prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks鈥 OR months鈥橾 notice in writing during such fixed period terminating the...
Distribution agreement鈥攏on-exclusive鈥攕hort form This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Manufacturer); and 2 [insert name of party] [of OR a company incorporated in England and Wales under number [insert registered number] whose registered office is at] [insert address] (Distributor); each of the Manufacturer and the Distributor being a party and together they are the parties. Background (A) The Manufacturer manufactures [and supplies] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis in the Territory in accordance with the provisions of this Agreement. The parties agree: 1 Definitions 1.1 In this Agreement: Active Sales 鈥 has the meaning given in Article 8(7) of VABEO; Affiliate 鈥 means any entity that directly or indirectly controls, is controlled by, or is in under common control with, another entity where 鈥渃ontrol鈥 means the beneficial ownership of...
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Does a CFA have to include a success fee to be enforceable? What is a CFA? A conditional fee agreement (CFA) is a type of funding agreement which is more commonly referred to as a 鈥榥o win no fee鈥 agreement. Section 58(2)(a) of the Courts and Legal Services Act 1990 (CLSA 1990) formally defines a CFA as: 'an agreement with a person providing advocacy or litigation services which provides for his fees and expenses, or any part of them, to be payable only in specified circumstances' What are the requirements for a CFA? In order to be an enforceable CFA, the requirements of CLSA 1990, s 58(3) must be met: 鈥 it must be in writing 鈥 it must not relate to proceedings which cannot be the subject of an enforceable CFA; and 鈥 it must comply with such requirements (if any) as may be prescribed by the Lord Chancellor The requirements prescribed by the Lord Chancellor are to be found in the Conditional Fee Agreements...
A settlor dies within seven years of a chargeable lifetime transfer (relating to a lifetime creation of a discretionary trust) and additional tax becomes payable as a result of their death. The settlor鈥檚 Will directs that any such additional inheritance tax (IHT) should be paid from their estate (and not from the trust). How is this treated for IHT purposes? On the creation of a discretionary trust any inheritance tax (IHT) due (the entry charge) is primarily taxable on the transferor. If the transferor pays the IHT due, it will be grossed up as it is the 鈥榣oss to the estate鈥 of the settlor that is relevant. However, it can be agreed that the transferee (the trustees) pay the tax in which case no grossing up is needed. See: IHTM14012. If death occurs within seven years of a chargeable transfer, any additional IHT is payable by the transferee (the trustees) in the first instance. The PRs of the transferor鈥檚 estate are also liable to pay the tax if the transferee...
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A round-up of key developments on State aid, first reported by the鈥疞exis+鈥疌ompetition team. This update covers the period 30 April鈥6 May 2025.
PI & Clinical Negligence analysis: The Whiplash Injury (Amendment) Regulations 2025 are due to come into force on 31 May 2025. Robert Parkin, barrister at DEKA Chambers, takes a look at the impact for PI lawyers dealing with whiplash claims.
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