If, on a review1, it appears to Ofcom2 that the relevant change of control is or would be prejudicial to specified matters3, it must vary the licence in accordance with the provisions below4. The variation: (1) must be made with a view to ensuring that the relevant change of control is not prejudicial to any of the matters so mentioned; and (2) must be a variation for the inclusion in the licence of such conditions relating to any of those matters as it considers appropriate5. If it appears to Ofcom6: (a) that the proposed change of control would be
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Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
There are two kinds of burden:•the legal burden, and•the evidential burdenThe legal burdenA party has the legal (sometimes called ‘the persuasive’) burden where the onus is on that party to prove a fact or issue in a case to the required standard of proof.The legal burden is generally on the
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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