The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction in sentence for a guilty plea expressly limits the ability to claim credit where the defendant's plea has been followed by a Newton hearing at which the defendant's version of events have been rejected. The overarching guidelines state:
'...the reduction which would have been available at the stage of proceedings the plea was indicated should normally be halved. Where witnesses are called during such a hearing, it may be appropriate further to decrease the reduction.'
Practitioners therefore should always consider carefully any basis of plea and be aware of the potential impact an unsuccessful Newton hearing may have on any expected credit. Practioners should also ensure that they advise their clients on both of these matters before any plea is entered and that a detailed record of these discussions is made.
The basis of plea agreed by the parties in a criminal trial is central to the sentencing process. The prosecution may reach an agreement with the defendant as to the factual basis on which the defendant will plead guilty, known as
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
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