The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which requires the offender to pay compensation for any personal injury, loss or damage resulting from the offence.
An order can be made to compensate for terror and distress directly occasioned by the offence.
In special circumstances, the court may consider awarding interest on the compensation.
The existence of a civil liability is not a condition precedent to the making of a valid compensation order.
Where a civil remedy exists, however, it is inappropriate to award greater compensation than would be recoverable in civil proceedings.
An order must relate to a specific offence and to a specific loser.
A compensation order may not be made in respect of loss or damage arising from admitted offences which have not been charged or formally taken into consideration.
The order must specify the amount and any instalments. See R v Miller  Crim LR 694 (not reported by LexisNexis®).
Compensation ordered shall be of such amount as the court considers appropriate having regard to any evidence and to any representations that are made by or on behalf of the parties.
Where it is appropriate to impose both compensation and a fine, but the offender lacks the means to pay both an appropriate compensation order and an appropriate fine, the court must give preference to compensation
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.