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GLOSSARY
A fee charged by a lender or a borrower for the undrawn portion of a committed loan facility, which is typically paid quarterly in arrears.
PRECEDENTS
[On headed notepaper of a potential syndicate member] To: [insert the full name and address of the arranger] [insert date] Dear [insert the full name of arranger] Facility for [insert currency] [insert amount] for [insert name of borrower] (the Borrower) by [insert name of Arranger] (the Arranger) with [insert name of Agent, as agent] (the Agent). 1 We, [insert name of the possible syndicate member] commit [insert currency]
PRECEDENTS
[On headed notepaper of a potential syndicate member] To: [insert the full name and address of the arranger] [insert date] Dear [insert full name of arranger] Facility for [insert currency] [insert amount] for [insert name of borrower] (the Borrower), arranged by [insert name of Arranger] (the Arranger) with [insert name of agent] as agent (the Agent). 1 We, [insert name of the possible syndicate member], subject to documentation satisfactory to us, commit [insert currency] [insert
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it refers to CPR 81 as it was in force prior to 1 October 2020, and to Practice Direction 81 which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1-October 2020 you need to refer to the current in force CPR 81 and the Practice Notes covering this, see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note sets out in table form where to apply for permission to bring committal proceedings arising out of alleged interference with the administration of justice or the making of a false statement in a document verified by a statement of truth. For guidance on when permission may be required to bring committal proceedings, see Practice Note: When is permission required to bring committal proceedings? [Archived] For guidance on how to apply for permission
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it refers to CPR 81 as it was in force prior to 1 October 2020, and to Practice Direction 81 which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1-October 2020 you need to refer to the current in force CPR 81 and the Practice Notes covering this, see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note sets out how you apply for permission to bring committal proceedings. Not all instances of contempt require you to first seek permission to bring committal proceedings. For guidance on when permission is required, see Practice Note: When is permission required to bring committal proceedings? [Archived] For guidance on where to seek permission, see Practice Note: Committal applications—applying for permission—where to apply [Archived]. For guidance on the procedure when making a committal
GLOSSARY
Procedure whereby a person convicted in a magistrates’ court is sent to the Crown Court for sentencing when the sentencing powers of the magistrates’ court are not considered sufficient.
PRACTICE NOTES
Summary of magistrates’ powers to commit Magistrates’ courts may only impose imprisonment for a term not exceeding the applicable limit for any one offence. See Practice Note: Sentences imposed following conviction. The magistrates' court does, however, have wide-ranging powers to commit a defendant to the Crown Court to be sentenced. The magistrates' primary powers to commit apply where: • the court has convicted an adult defendant or corporate offender after summary trial of an either-way offence and greater sentencing powers are required • the court has convicted an adult offender of a specified offence and is of the opinion that an extended sentence or life sentence (under the dangerousness provisions) would be available • the court has convicted a young offender of a ‘certain serious offence’ and is of the opinion that the Crown Court should have power to deal with them • the court has convicted a young offender of a specified offence and is of the opinion that an extended sentence would be available • an adult or corporate offender has entered (or indicated) a guilty
GLOSSARY
The process of sending a defendant to be sentenced by the Crown Court in accordance with section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 where the magistrates conclude that they lack sufficient power to sentence a defendant on summary conviction.
GLOSSARY
Preliminary hearing in a magistrates’ court before a case is sent to be tried before a jury in the Crown Court.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it refers to CPR 81 as it was in force prior to 1 October 2020, and to Practice Direction 81 which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1-October 2020 you need to refer to the current in force CPR 81 and the Practice Notes covering this, see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note considers committal proceedings in relation to County Courts Act offences and High Court certifications. It is not intended to cover the individual peculiarities of the diverse range of committal-type actions that may be taken when a proposed contemnor is in breach of the County Courts Act or a High Court certification. This Practice Note should be read in conjunction with Practice Notes: • Committal proceedings—applications, evidence and hearings
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it refers to CPR 81 as it was in force prior to 1 October 2020, and to Practice Direction D 81 which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1-October 2020 you need to refer to the current in force CPR 81 and the Practice Notes covering this, see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note examines the law surrounding appeals in respect of committal proceedings, both for the claimant and respondent, alongside the process by which an individual’s contempt can be purged (in old-fashioned terminology) or discharged (in modern terminology). Committal proceedings—contemnor’s right to appeal A respondent/contemnor has an absolute right of appeal against being committed to prison for contempt (ie no permission to appeal is first required) (Baho v Meerza). For more information
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note is for historical reference only as it refers to CPR 81 as it was in force prior to 1 October 2020, and to Practice Direction 81 which is revoked in its entirety with effect from 1 October 2020. If you are dealing with a committal application post 1-October 2020 you need to refer to the current in force CPR 81 and the Practice Notes covering this, see: Contempt and committal—overview. For the pre-1 October 2020 version of CPR 81 or Practice Direction 81, see: This Practice Note sets out the 'nuts and bolts' of committal applications, covering the necessary ingredients, formalities and hurdles that must be observed when pursuing committal applications for contempt or writs of sequestration. It may be useful to read it alongside Practice Notes: • Committal proceedings—hearings in absence and hearings in private • Committal proceedings—appeals, purges and discharge • Committal proceedings—discontinuance, defects and strike out • Committal proceedings—sentencing For guidance on the individual