It is an offence for an auctioneer1 to sell or supply, or to offer to sell or supply, or to expose for sale unroadworthy vehicles2. An auctioneer may not be convicted of an offence in respect of the supply of a motor vehicle or trailer if he proves that it was supplied or altered, as the case may be, for export from Great Britain, or that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain or would not be so used until it had been put into
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
A limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital to shareholders without
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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