The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for corporate crime?
A remedial action notice is used by enforcement authorities such as the Food Standards Agency (FSA) or a local authority, where there has been a breach of the Food Hygiene (England) Regulations 2013 (FH(E)R 2013) or where an inspection under FH(E)R 2013 is being hampered.
The effect of such a notice is to:
prohibit the use of any equipment or any part of the establishment specified in the notice, or
impose conditions upon or prohibit the carrying out of any process, or
require the rate of operation to be reduced to such an extent as specified in the notice, or stopped completely
Failure to comply with a remedial action notice is a criminal offence, see Practice Note: Criminal offences under the Food Hygiene (England) Regulations 2013.
There is no prescribed form of
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
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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