Grounds of appeal must be settled with sufficient particularity to enable the Registrar, and subsequently the Court of Appeal Criminal Division (CACD), to identify clearly the matters relied upon. A mere formula such as ‘the conviction is unsafe’ or ‘the sentence is in all the circumstances too severe’ will be deemed ineffective. This checklist summarises some of the common grounds for appealing conviction and sentence, which can provide the basis for an appeal in the CACD. It should be read in conjunction with the following Practice Notes: Criminal appeals—certificates of fitness to appeal from the Crown Court, Starting an appeal in the Court of Appeal Criminal Division (CACD) and Conducting an appeal in the Court of Appeal Criminal Division (CACD). For information on appeals in the Crown Court, see Practice Notes: Appealing a conviction in the Crown Court and Appeal against sentence in the Crown Court. Grounds for appealing conviction The single test for the CACD to determine when considering an appeal against conviction is whether the conviction is unsafe. Legal errors The most

A national system used by the Environment Agency for categorising pollution incidents and assessing the appropriate level of enforcement response.

Restructuring & Insolvency analysis: Mr Justice Edwin Johnson dismissed a trustee in bankruptcy’s appeal from the decision of Insolvency and Companies Court Judge Jones in which he had determined that a property purchased in the sole name of a father was held under a common intention constructive trust for the benefit of his daughter. In a multifaceted appeal against questions of both law and fact, the court explored the extent to which a minor could enter into agreement and suffer detrimental reliance upon such an agreement so as to give rise to a common intention constructive trust in favour of that minor. Written by James Hannant, barrister at Guildhall Chambers.

An interest, as of adjoining users of a common wall or floor, not amounting to a right of property, but entitling the party interested to a say in the use of the common item.

Previously charities had to have sole control over their investments but with the advent of the Trustee Act 2000 (TrA 2000) came the opportunity for charities to join with other charities, individuals and non-charitable bodies to pool their resources to acquire investments. The advantage to pooling resources is that a charity can diversify its investments and thereby reduce their risk exposure in a relative cost effective manner. It is open to charities to use the pooling principle as just part of their investment strategy. The principle of using pooled funds was given a boost in the Charities Act 2011 (CA 2011) by enabling the Charity Commission to create 'common investment funds ('CIFs') and common deposit funds (CDFs'). Common Investment Fund All charities in England, Scotland, northern Ireland and Wales can invest in a CIF unless their governing document prohibits it. CIFs are a form of collective investment scheme where contributors to the scheme pool their monetary contributions and the operator of the scheme then invests in a wide range of investments as set out

When several pension funds in a group pool together the investment management of the assets they hold.

An intra-group reorganisation involves the transfer of group company share capital or group assets between two or more companies in the same corporate group. Reasons for intra-group reorganisations Intra-group reorganisations are carried out for a variety of reasons, although the key motivation is generally to boost administrative, operational or economic efficiencies. Reorganisations may be linked to a sale or acquisition transaction with a third party, whether: • before or after the acquisition of a company or business from a third party, or • before the sale of a group company or business to a third party Reorganisations may, however, have no connection with any third-party transaction, occurring instead when it is feasible or appropriate. Reorganisation before or after an acquisition of a company/business from a third party A group may decide to undertake a reorganisation before the acquisition of a company or business to ensure that, post-acquisition, the newly acquired company or business sits appropriately within the corporate structure of the group. However, it will not always be appropriate to implement the reorganisation before the

The jurisdictions whose legal systems recognise trusts are typically those that have evolved from or adopted English law and equitable principles. These include the British Overseas Territories (such as the Cayman Islands, British Virgin Islands, Bermuda and Gibraltar), and the Crown Dependencies of Jersey, Guernsey and the Isle of Man. Infrastructure and regulation The success of these jurisdictions in attracting trust and corporate services work is not based simply upon the appropriate legal system. They offer quality professional and fiduciary services coupled with suitable expertise and a high degree of regulation and governance. Each jurisdiction has a supervisory body responsible for governance of the finance sector, such as the Cayman Islands Monetary Authority, the Bermuda Monetary Authority, the British Virgin Islands Financial Services Commission, the Guernsey Financial Services Commission, the Jersey Financial Services Commission and the Isle of Man Financial Services Authority. See Practice Notes: • Cayman Islands—jurisdictional background and legal framework • Bermuda trusts • BVI trusts—jurisdictional background and legal framework • Jersey trusts • Guernsey trusts • Isle of Man trusts Development

Importance of common land Common land can deliver a range of benefits including: • economic—grazing livestock, employment and income from sporting use, tourism • agricultural—grazing of common land, maintaining sustainable agricultural management • biodiversity—maintaining natural vegetation rich in flora and fauna, protecting a diversity of habitats promoting SSSIs • archaeological—preserving landforms and features in uncultivated soils, protecting important archaeological and historic sites • recreational—enjoyment of the landscape by visitors and tourists, open space for communities • cultural—community use for ancient and traditional activities The Commons Act 2006 (CoA 2006) enables the government to protect and safeguard commons. Prohibition on works to common land without consent CoA 2006, s 38 provides that consent from the Secretary of State/Welsh Ministers (the 'determining authority') is required to carry out 'restricted works' on: • any land registered as common land (see Practice Note: Creation and registration of common land for further information on how common land is registered) • land not registered as common land which is: ◦ regulated by an Act made under the Commons Act 1876 confirming

Common law is case law (decisions from courts and tribunals). Case law has also established and developed many principles of law and equity not covered by legislation. Case law is therefore a key source of primary law.

Dispute Resolution analysis: This decision will be of interest to practitioners since it opens the door to the granting of conditional permission to bring a common law derivative claim to claimants who lack standing provided there is a sufficiently robust and proximate prospect of the claimant acquiring standing in due course. The judge acknowledged that this issue had apparently not been addressed by any previous authority and noted that the findings, and the reasoning used to reach such determination, might benefit from appellate scrutiny. Written by Phillip Patterson, barrister, Hardwicke.

This Practice Note considers the key procedural aspects of pursuing a common law derivative claim. In particular, it sets out when a party might be regarded as having the required standing to bring a common law derivative claim and what they will need to demonstrate in order for the court to exercise its discretion and grant permission for such a claim to be continued. It 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 the section Court specific guidance below. Practitioners should also note that the CPR provisions relevant to derivative claims were amended with effect from 6 April 2023. In particular, CPR 19 was revised and CPR PD 19C was amended and moved to become CPR PD 19A. Such changes did not materially impact the substance of the approach to derivative claims, but the numbering of relevant provisions was altered. Judgments which pre-date the amendments coming into force on 6 April