The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
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.
A discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment (or custody for life) is available but not fixed by law.
A number of offences carry life imprisonment, eg manslaughter, kidnapping, torture and hijacking. However, this does not necessarily mean that an offender will receive a life sentence.
Life sentences are generally reserved for those cases where the culpability of the offender is particularly high or the offence exceptionally serious.
Under SA 2020, s 285, the court is only required to impose a life sentence in respect of an offence which carries a maximum discretionary life sentence where the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences and the court forms the opinion that, the seriousness of the offence and/or the offence and one or more offences associated with it is such as to justify the imposition of a sentence of imprisonment
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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.
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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
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