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GLOSSARY
An embezzler is a person who dishonestly misappropriates money or other property that has been entrusted to them, typically in a position of employment, agency, fiduciary responsibility or office, and uses it for their own benefit or for an unauthorised purpose. In practice this covers conduct such as diverting client funds, skimming company receipts, or abusing control over a trust or estate. “Embezzler” is a descriptive term rather than a formal statutory label in the modern criminal law of England and Wales, Scotland, Northern Ireland and Ireland. The underlying offences are generally prosecuted as theft, fraud, abuse of position, or related dishonesty offences (for example, under the Theft Acts and Fraud Acts, or common law fraud in Scotland). Key legal features typically include: lawful initial possession of the property; a relationship of trust or responsibility; dishonest appropriation or conversion; and intent to deprive the owner or beneficiary. The term remains widely used in legal practice, regulatory enforcement, disciplinary proceedings and civil claims (such as breach of fiduciary duty or knowing receipt) to describe the wrongdoer in cases of internal fraud or misappropriation by employees, directors, partners or other fiduciaries.
GLOSSARY
Emblements are annual crops grown on land by a tenant, which the tenant is entitled to harvest and remove even if their tenancy ends before harvest. The concept protects a tenant’s interest in “fructus industriales” (crops produced by labour, such as cereals, vegetables and certain cash crops), distinguishing them from natural produce of the land that normally belongs to the landowner.In England and Wales, Northern Ireland and Ireland, emblements arise mainly under common law and equity rather than detailed statutory definition, and are most relevant in agricultural tenancies, licences to occupy land and succession situations (for example, where a tenancy ends on death). They can affect who may enter land to gather crops, the timing of vacant possession and compensation or adjustment between outgoing and incoming occupiers.In Scots law, the underlying principles are broadly similar, though expressed through different property law concepts (such as separate ownership of crops) rather than the historic English term “emblements”. Across the UK and Ireland, the practical focus is on allocation of risk and benefit in growing crops when possession or ownership of land changes unexpectedly.
GLOSSARY
[means the Greenhouse Gases that are emitted through the production and delivery of building materials for and used in the Development. OR (also known as Embedded Carbon or Embodied Energy) means the total Greenhouse Gases emitted in the [construction of the Development OR manufacturing and production of the Goods]. This includes those emissions caused by extraction, manufacture, transportation and assembly of every element in the [Development OR Goods], as well as emissions caused by deconstruction at the end of the [Development’s lifetime OR Good’s useful life] (if applicable). It does not include operational emissions.]
NEWS
Planning analysis: Emma Tait of Taylor Wessing discusses the importance of embodied carbon, its assessment in the planning system and the possibility of systemic reforms.
GLOSSARY
A plan outlining an Operator’s emergency response in the event of a radiological emergency.
GLOSSARY
The state of being prepared for a radiological emergency so as to minimise Nuclear Damage.
PRACTICE NOTES
What is emergency arbitration? In general terms, emergency relief in arbitration proceedings can usually only be ordered once the arbitral tribunal has been constituted. This leaves a period of time prior to the constitution of the tribunal where a party may require emergency relief but find it difficult to obtain that relief in arbitration, eg where the other party seeks to dispose of assets or move money across jurisdictions before the arbitral tribunal has been constituted. In such circumstances, parties may consider that their only option is to apply to a national court for the required relief (where it is available). For guidance on the availability of interim and emergency measures in the courts at key seats of arbitration, see: AA 1996—interim and emergency measures—arbitration—England and Wales—overview. However, many of the major arbitration rules now include provisions for the appointment of an emergency arbitrator prior to the constitution of the arbitral tribunal to address this potential pitfall. In such cases, the parties apply to a rapidly appointed ‘emergency’
GLOSSARY
An arbitrator appointed, generally, by an arbitral institution on an urgent basis to deal with an application for emergency interim relief before the constitution of the tribunal. Expedited formation of the tribunal, where available, may be an effective way, in some circumstances, of achieving the same result.
NEWS
Construction analysis: In this article, we look at the Arbitration Act 2025 (AA 2025) and changes it will make to the Arbitration Act 1996 (AA 1996) in relation to emergency arbitrator provisions and the courts' support of orders of emergency arbitrators.
PRACTICE NOTES
This Practice Note explains how to make a without notice application for a child arrangements order or a prohibited steps order where required urgently to protect a child. It sets out the procedure for making out of hours applications and the form that the order should take. It draws attention to the obligations on the applicant and their legal advisers and also the undertakings that the court may require from them. Child arrangements orders A child arrangements order means an order relating to: • with whom a child is to live, spend time or otherwise have contact with, and • when a child is to live, spend time or otherwise have contact with any person See Practice Notes: Child arrangements orders—residence and Child arrangements orders—with whom a child is to spend time or otherwise have contact. A prohibited steps order means an order that no step which could be taken by a parent in meeting their parental responsibility for a child, and which is of a kind specified in the order, shall be taken
PRACTICE NOTES
ARCHIVED: This archived Practice Note is not maintained and is for background information only. UPDATE (23/3/21): The Department of Health and Social Care announced on 22 March 2021 (among other things) 12 sections that will be removed from the Coronavirus Act 2020(CA 2020), following the one-year review of that legislation. Those provisions include sections 8 and 9 of the CA 2020 relating to emergency volunteering leave, which have not yet been brought into force. See: LNB News 23/03/2021 40. This Practice Note explains the proposals set out in the Coronavirus Act 2020 (Act) for emergency volunteering leave (EVL), a temporary new form of statutory unpaid leave for employees and workers who wish to volunteer in the health and social care sectors during the outbreak of coronavirus (COVID-19). The relevant provisions of the Act are not yet in force, as the required commencement regulations have not been made. A report by the Department of Health and Social Care dated 29 May 2020 on the status of the Act stated that there
GLOSSARY
The investment markets of developing economies; they usually have crude or non-existent stock markets which makes investments harder to value and harder to buy and sell.