The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Conditional cautions were implemented by sections 22–27 of the Criminal Justice Act 2003 (CJA 2003). They were intended to address offending behaviour in appropriate cases without a prosecution.
The offender must be over 18 to receive an adult conditional caution. Conditional cautions were introduced for youths on 8 April 2013.
The conditions which can be attached to a caution must be aimed at one or more of the following objectives:
An authorised person may offer a conditional caution for any summary-only offence and any either-way offence. For serious either-way offences, a conditional caution may only be offered if the Foreign National Offender provisions apply. Conditional cautions are prohibited where the offender is suspected of committing document or identity fraud in order to claim asylum or where there are reasonable grounds for believing that the offences are connected to human trafficking (whether the offender is a victim or perpetrator).
Section 133 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) removes the requirement for the relevant prosecutor (CPS) to determine whether there is sufficient evidence to charge the offender when considering to offer a conditional caution. The decision can now be taken by an authorised person, which will usually be a police officer. It also enables the authorised person to vary the conditions of the caution
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This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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