A common law lien is a passive right to retain possession of another person’s goods until a debt or other obligation connected with those goods is satisfied, without any need for express agreement. It arises by operation of common law (or, in Scotland, the analogous law of lien), and is recognised mainly through case law rather than detailed legislation in England and Wales, Scotland, Northern Ireland and Ireland.Typical examples include solicitors’, accountants’ and repairers’ liens over client files, documents or chattels for unpaid fees. A common law lien does not usually confer a power of sale; it is a right of retention only and is lost if possession is voluntarily surrendered. It generally requires lawful, continuous possession and a sufficient connection between the work done and the goods retained.Across the UK and Ireland the core concept is broadly consistent, although terminology and doctrinal treatment differ in Scots law. Common law liens are practically significant in commercial, professional services and insolvency contexts, and interact with contractual liens, equitable liens, security interests and statutory rights of detention.

The offence of false imprisonment False imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment). It is triable only on indictment. The offence is closely related to the common law offence of kidnapping. The difference is that unlike the offence of kidnapping, there is no requirement to prove that the victim was 'taken and carried away'. (R v Hutchins [1988] Crim LR 379 (not reported by LexisNexis®)). See Practice Note: Common law offence of kidnapping. Elements of the offence In R v Rahman (1985) 81 Cr App Rep 349 (not reported by LexisNexis®), it was held that, on a charge of false imprisonment, the prosecution must prove: • the unlawful • intentional or reckless • restraint of a victim's freedom of movement from a particular place Restraint of a victim's freedom of movement False imprisonment at common law involves an act of the defendant which directly and intentionally (or recklessly) causes the confinement of the victim within an area

The offence of kidnapping Kidnapping is a common law offence and is triable only on indictment. The offence is closely related to the offences of false imprisonment and child abduction. For more information, see Practice Notes: Common law offence of false imprisonment and Child abduction offences. Kidnapping is such a serious offence that it is tried only on indictment in the Crown Court, and where it arises in conjunction with other offences, it will be charged as a separate count on the indictment. Despite the acknowledged overlap between the offences of kidnapping and statutory abduction, an indictment should not contain counts for both offences (C (1990) The Times, 9 November 1990 (not reported by LexisNexis®)). Section 5 of the Child Abduction Act 1984 (CAA 1984) provides that, except with the consent of the Director of Public Prosecutions, no prosecution shall be instituted for an offence of kidnapping if it was committed against a child under the age of 16 by a person 'connected with' the child within the meaning of CAA 1984, s 1. Elements

Common law tenancies are tenancies that do not fall within any of the statutory security of tenure regimes. These include, for example: • for residential property, the Rent Act 1977, Housing Act 1985 or Housing Act 1988 (see Practice Note: A summary of types of private residential tenancies and Social sector tenancies—overview) • for commercial property, the Landlord and Tenant Act 1954 (LTA 1954) (see Practice Note: LTA 1954 business lease renewal—termination) • for agricultural property, the Agricultural Tenancies Act 1995 (see: Agricultural holdings—overview) Under a common law tenancy, the parties’ rights and obligations are governed by the terms they have agreed (whether express or implied). Following expiry of a common law tenancy, especially one contracted out of LTA 1954, care must be taken if a tenant is allowed to remain in occupation pending negotiations for

There are a number of commonly encountered liability disputes when dealing with dental claims. These include: • periodontal claims • cosmetic dentistry • consent disputes • root fillings • orthodontic claims • failure to diagnose dental caries • partial or incorrect extractions • jaw fractures during tooth extraction This Practice Note also considers the circumstances in which a dental practice may owe a non-delegable duty of care to a patient. Periodontal claims Gum disease claims are very common. The scenario giving rise to knowledge of such a potential claim is often that a patient has changed practice for some reason or a practice has changed hands. The new dentist will tell the patient that they have gum disease or, often, assume that the patient already knows. The news is more often than not, understandably, met with considerable upset and anger. Basic periodontal examination There is a duty to monitor the periodontal (structures and tissues surrounding teeth) condition at each and every examination. A dentist should record as a minimum the

This Practice Note provides guidance on common medical tests referred to in medical records in personal injury and clinical negligence matters, for example fluid tests, imaging, internal investigations, electrocardiogram (ECG), electroencephalography (EEG), biopsy, angiogram and genetic testing. A. Fluid tests Blood tests • full blood count analysis—measures haemoglobin, white blood cell levels and platelet levels. Low haemoglobin levels could indicate anaemia (possible internal bleeding). High haemoglobin levels could indicate underlying lung disease. Low white cell blood counts could indicate bone marrow problems, cancer or a viral infection. A high white cell blood count could indicate an infection or leukaemia. Low platelet levels could indicate a viral infection or an autoimmune condition • erythrocyte sedimentation rate (ESR)—this test could indicate inflammation, such as arthritis or other diseases, such as Crohn’s Disease • C-reactive protein (CRP)—CRP is produced by the liver. A raised CRP is an indication of inflammation • coagulation test—measures how fast the blood clots; this could indicate bleeding disorders, such as haemophilia • blood gases test—measures the levels of carbon dioxide and oxygen in the blood.

This Practice Note provides guidance on common medical tests used in noise-induced hearing loss cases, together with a glossary of common terms. Common audiological tests Hearing loss is measured in decibels (dB) at specified frequencies in hertz (Hz). In adults, the different types of hearing tests include: • pure tone audiometry (PTA)—where an audiometer produces sounds at various volumes and frequencies (pitches) to test the level of hearing, This usually includes air conduction and where indicated, bone conduction and masking so that the type of loss in each ear can be assessed. Testing should take place with calibrated equipment in a sound proof booth or room • speech perception (or speech audiometry) tests—involve testing the ability to hear words without any visual information • tympanometry—measures the movement of the eardrum and the pressure behind the eardrum, which assesses middle-ear function • whispered voice test—the technique used will affect reliability • an acoustic reflex test—measures the reflex and eardrum movement in response to intense sound. This can be a useful test

This Practice Note provides guidance on common medical tests used to diagnose work-related upper limb disorders (WRULD) and hand-arm vibration syndrome (HAVS). HAVS including vibration white finger Clinically, HAVS can have two separate components—vascular (blanching) and neurological (numbness, tingling reduced tactile discrimination and loss of dexterity). Investigations include a number of standard tests such as: • vibrotactile threshold test—used to test the mechanoreceptors. They respond to stretch, edge and texture and the receptors

This Practice Note provides guidance on common medical tests used to diagnose lung diseases. Asthma A number of tests can be carried out to confirm a diagnosis: • spirometry breathing tests—assess how well the lungs work. The spirometer takes two measurements, the volume of air breathed out in the first second of exhalation (the forced expiratory volume in one second or FEV1) and the total amount of air breathed out (the forced vital capacity or FVC) • a reversibility test—an initial set of spirometry tests are carried out and then a medicine is given to open up the airways to see if this improves the breathing when another reading is taken. It can be useful to distinguish asthma from other lung conditions such as chronic obstructive pulmonary disease (COPD) • peak expiratory flow test—measures how fast air can be blown out of the lungs in one breath. Different readings at different times may indicate work-related (occupational) asthma • other tests include airways responsiveness test—this is a test that is sometimes used to diagnose

This Practice Note considers criminal risks arising in supply chains, including liability under the Proceeds of Crime Act 2002 (POCA 2002), failure to prevent (FTP) offences, sanctions legislation and ancillary offences such as assisting and encouraging crime. Using practical case studies, it examines how liability can arise from the conduct of indirect suppliers and indirect customers and outlines proportionate mitigation measures that businesses can adopt to manage legal, regulatory and reputational risk. Supply chain risks A supply chain is the process or system through which goods or services move from initial design and production to sale and delivery to the end-user. It can be thought of as a chain made up of connected links, including research, design, manufacturing, transportation, inventory management, warehousing and retail. Each link plays a role in getting the product or service to the customer, and the customer’s demand drives the movement along the chain. Supply chains apply to both goods and services, but they differ depending on the relevant industry, market, product or service. For further information,

This Practice Note aims to distil the key case law and principles common to fitness to practice (FtP) proceedings before most FtP panels of healthcare regulators. It covers the common procedural stages of investigation, admissibility of evidence, as well as the powers of case examiners, interim orders and key themes including dishonesty and racist language. The term ‘registrant’ is used to refer to the regulated professional who is subject to FtP proceedings. It should be read in conjunction with Practice Note: Criminal proceedings and convictions in healthcare regulatory proceedings and the specific Practice Note for each of the healthcare regulators below: • General Dental Council—fitness to practice proceedings [Archived] • General Medical Council—fitness to practice proceedings [Archived] • General Optical Council—fitness to practise proceedings [Archived] • General Pharmaceutical Council—fitness to practice proceedings [Archived] • Health and Care Professions Council—fitness to practice proceedings [Archived] • Nursing and Midwifery Council Proceedings—fitness to practice proceedings [Archived] • Social Work England—fitness to practice proceedings [Archived] This

Property belonging to two or more persons pro indiviso (without demarcation of shares) and characterised especially by the existence of a right of any common owner to compel a division of the property. See also joint property.