The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an independent and impartial tribunal. Alongside these fundamental principles exists the need to ensure justice is carried out expeditiously and there is a recognised need for discussions on plea to take place. An advance indication as to likely sentence is part of this process. The potential advantage of gaining an indication on sentence in advance is that the defendant can make a better informed decision whether to plead guilty or not.
The Attorney General's guidelines on the acceptance of pleas emphasises the importance of transparency in the conduct of justice and, in particular, sets out a formalised process for the provision of indications on sentence in the Crown Court. These are generally known as 'Goodyear indications'.
The Court of Appeal issued guidelines that amount to the introduction of a formalised procedure of advance sentence indication in R v Goodyear. These are now contained in the Criminal Practice Directions—consolidated up to amendment No 11, CPD VII Sentencing C: Indications on sentence.
The objective of the guidelines is to safeguard against the creation or appearance of judicial pressure on a defendant.
Only the Crown Court can provide an indication on sentence. Such indications are not available in the magistrates’ courts. In practice, the issue of the sufficiency
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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