The following Corporate Crime practice note Produced in partnership with Flora Page of 23 Essex Street 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.
When clients are facing time in prison, they can feel overwhelmed or daunted. This Practice Note is designed to be a speaking aid to assist practitioners to advise a client as to a possible custodial sentence. It points the practitioner to relevant detailed guidance and enables a practitioner to discuss with their client what will happen if they receive a custodial term.
Detailed guidance on the general principles applicable to all sentencing exercises can be found in the following Practice Notes:
Sentences and the power to vary a sentence, and
Calculating time spent on remand or on tagged bail
Victim personal statements in criminal proceedings
Sentencing criminal offences—sentencing guidelines and resources
Credit for guilty plea
Mitigation in the sentencing of criminal offences
What follows is a summary of the fundamental principles applicable to custodial sentences.
A custodial sentence must not be imposed unless the offence:
‘was so serious that neither a fine alone nor a community sentence can be justified for the offence’
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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
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
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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