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GLOSSARY
An expression which covers all charities directed to the relief of individual distress, whether due to poverty, age, sickness or other similar individual afflictions.
GLOSSARY
A corporation established for perpetual distribution of the free alms or bounty of the founder to such persons as the founder has directed.
GLOSSARY
A substance with atoms all of the same atomic number.
GLOSSARY
In criminal law, the “elements of a crime” are the specific factual components the prosecution must prove beyond reasonable doubt for an accused to be convicted of a particular offence. They commonly include the prohibited conduct or circumstance (actus reus), the required mental state (mens rea), and, where relevant, the absence of a valid defence. The elements of individual offences are usually set out in statute (for example, Theft Act 1968 in England and Wales, comparable legislation in Northern Ireland, the Criminal Justice (Theft and Fraud Offences) Act 2001 in Ireland, and Scottish statutes), and interpreted and refined by case law in each jurisdiction. Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent, though Scots criminal law uses distinct doctrinal terminology and some offences are framed differently. In practice, identifying the precise elements governs case preparation, charging decisions, directions to the jury or sheriff, and submissions of no case to answer. Failure to prove any single element will ordinarily result in acquittal.
NEWS
Arbitration analysis: On 18 August 2023, the United States Court of Appeals for the Eleventh Circuit ruled that professional familiarity among arbitrators and counsel does not support (1) vacatur of an arbitral award under Chapter I of the Federal Arbitration Act (the ‘FAA’); or (2) declining confirmation of the arbitral award under Article V of the New York Convention. Written by David Earnest and Julian Cokic, Diamond McCarthy LLP.
NEWS
Arbitration analysis: On 13 April 2023, the United States Court of Appeals for the Eleventh Circuit ruled that vacatur of an arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York Convention’), where the United States is the primary jurisdiction, is governed by Chapter I of the Federal Arbitration Act (the ‘FAA’), thus reversing its 25-year-old precedent and conforming with the Second, Third, and Seventh Circuits of the United States Courts of Appeal. Written by David Earnest and Julian Cokic, Diamond McCarthy LLP.
NEWS
Looking for a few festive laughs while delivering some important health and safety messages? Look no further...
NEWS
The Department of Health and Social Care has announced that Eli Lilly is investing £279m in the UK pharmaceutical industry as part of a government collaboration initiative introduced at the International Investment Summit. A Memorandum of Understanding to formalise the collaboration if being drafted, and it will see Eli Lilly launch the first 'Lilly Gateway Labs' innovation accelerator in Europe. The company had previously announced it would open one in San Diego in November 2023. The aim is to build relationships with life science companies, help them progress, and eventually partner with them when they are ready. The Lily Gateway Labs will allow early-stage startups to rent lab space while receiving one-on-one mentoring from the company’s executives and scientists.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. PCR 2015 as assimilated law The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 are EU-derived domestic legislation and therefore assimilated law
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. PCR 2015 as assimilated law The Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 are EU-derived domestic legislation and therefore assimilated law
PRACTICE NOTES
The availability of legal aid (formerly public funding) in relation to family proceedings was significantly reduced with effect from 1 April 2013, following the coming into force of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA 2012). This Practice Note sets out initial considerations when advising a client who may be eligible for legal aid. See also Practice Note: Implications of legal aid, which includes guidance relevant where acting for a party in proceedings where the other party is legal aided. In NJDB v United Kingdom (App. No. 76760/12), the European Court of Human Rights ruled that since the right of access to a court is not absolute, it may be acceptable to impose conditions on the grant of legal aid based, inter alia, on the financial situation of the litigant or their prospects of success in the particular proceedings. In addition, it is not incumbent on the State ‘to seek through the use of public funds to ensure total equality of arms between the assisted person and the opposing party,
PRACTICE NOTES
When an assessment concludes that an adult requires residential accommodation they have the choice, depending on their personal finance situation, between private and local authority provision. Whichever is the adult's final destination, the control and guidance as to the running of these 'care homes' remains the same. They are regulated by the Care Quality Commission as are related services such as community services, mental health services and services in the home, all of which are of interest to the older client. The principal legislation for the provision of residential care is: • National Assistance Act 1948 (NAA 1948) • Care Act 2014 (CA 2014) Other legislation of interest in relation to the physical provision of accommodation in a care home can be found in: • Care Standards Act 2000 (CSA 2000) • Health and Social Care Act 2008 (HSCA 2008) • Care Quality Commission (Registration) Regulations 2009, SI 2009/3112 • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936 • Care and Support (Eligibility Criteria) Regulations 2015, SI 2015/313 • The Care and Support (Disputes