The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
It is helpful to put the law relating to military claims into historical context.
Until 1987, section 10 of the Crown Proceedings Act 1947 (CPA 1947) prevented military personnel from bringing actions against the Crown in respect of death or personal injury caused by other members of the British Armed Forces.
Sections 1 and 2 of the Crown Proceedings (Armed Forces) Act 1987 (CP(AF)A 1987) suspended CFA 1947, s 10, though the Secretary of State for Defence has the power to revive it when 'necessary and expedient'. It is therefore worth bearing in mind that the Crown immunity formerly provided by CFA 1947, s 10 can be revived at some point in the future. The power might be invoked in future in times of full-scale war, although the immunity has not, of course, been revived during the conflicts in Iraq or Afghanistan.
As a result of the suspension of the CPA 1947, s 10, members of the armed forces who have been injured in an accident are able to pursue a claim against the Ministry of Defence (MOD), subject to establishing a duty, breach and causation. By far the most common route is an action in negligence. Practitioners should note that service personnel cannot generally claim against the MOD for
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
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)
You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
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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