The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other measures, makes temporary provision for the extended use of live links and audio links in criminal proceedings. See Practice Notes: Operation of the criminal courts during the coronavirus (COVID-19) pandemic and Criminal Procedure Rules (CrimPR)—update for Coronavirus (COVID-19) as well as Availability of live links in criminal proceedings during the Coronavirus (COVID-19) pandemic—checklist. See also Practice Note: Practical guide to remote hearings in the criminal courts during the coronavirus (COVID-19) pandemic and Practical tips for attending remote criminal hearings during the coronavirus (COVID-19) pandemic—checklist. For updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19) and the criminal justice system—overview and Practice Note: Coronavirus (COVID-19) toolkit.
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.
The sentencing court is under a statutory duty to take into account the stage in proceedings at which the offender indicated their intention to plead guilty and the circumstances in which that indication was given.
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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