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PRACTICE NOTES
The offence of aggravated vehicle-taking A person is guilty of aggravated vehicle-taking if: • they take a conveyance without the owner's consent or other lawful authority for their own or another's use, or • knowing that any conveyance has been taken without such consent or authority, drive it or allow themselves to be carried in or on it—the basic offence (TWOC) under section 12 of the Theft Act 1968 (TA 1968) • and it is proved that, at any time after the vehicle was unlawfully taken (whether by that person or another) and before it was recovered, the vehicle was driven, or injury or damage was caused See Practice Note: Taking a conveyance without the owner's consent (TWOC). The damage must be proved to have been caused in one or more of the following circumstances: • that the vehicle was driven dangerously on a road or other public place • that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person • that, owing to the driving of the vehicle,
GLOSSARY
Aggravating circumstances are specific factors that make an offence, or an offender’s conduct, more serious and therefore justify a harsher sentence. They focus on features such as greater harm, higher culpability, targeting of vulnerable victims, use of weapons, planning, abuse of trust or authority, group offending, or offences motivated by hostility (for example, hate crime).Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is broadly consistent, but the lists and treatment of aggravating circumstances are partly set out in statute and partly developed through sentencing guidelines and case law. Some aggravating factors are statutory (such as racial or religious aggravation, domestic abuse, or offending on bail), while others are non‑exhaustive and identified judicially.Aggravating circumstances are weighed against mitigating circumstances during sentencing. They do not change the legal definition of the offence but influence sentence length, type of disposal, and decisions on custody thresholds, dangerousness and extended sentences. Practitioners must identify and particularise aggravating features in pleadings, indictments where appropriate, and sentencing submissions, with courts required to explain on the record how aggravating circumstances have affected sentence.
GLOSSARY
A factor indicating either a higher than usual level of culpability on the part of the offender, or a greater than usual degree of harm caused by the offence and which leads to a more severe sentence being imposed on conviction.
PRACTICE NOTES
What is the aggregates levy? The aggregates levy is an environmental tax administered by HMRC on the commercial exploitation of aggregates in the UK. When does the levy apply? The levy applies when: • there is a taxable aggregate, and • that aggregate is commercially exploited within the UK Note that there are outstanding amendments to be made to Finance Act 2001, s 16(2) to replace “the United Kingdom” with “England, Wales or Northern Ireland” under Scotland Act 2016, s18(3). The Act received Royal Assent on 23 March 2016 but the date of the enforcement is yet to be appointed. It is likely to be amended in line with the introduction of Scottish Aggregates Tax from 1 April 2026. Meaning of taxable aggregate Aggregate Aggregates means: • rock • gravel, or • sand It also covers substances incorporated into the rock, gravel or sand or that naturally occur with them, including the spoil, waste, off-cuts and other by-products. Taxable aggregate Taxable aggregate means any quantity of aggregate subject
PRACTICE NOTES
Aggregation—background Aggregation remains a major issue in the settlement of insurance and reinsurance claims leading to a number of disputes across the market. Claims managers, arbitrators and even appellate judges appear to take differing views as to what particular policy wordings are intending to achieve in an aggregation clause. A spate of judicial decisions on the common aggregation wordings in the late 1990s and early 2000s was followed by a quieter period. The last of the litigation arising from the 9/11 tragedy coupled with a spate of solicitors’ and medical negligence claims provided some insight into the modern approach to aggregation. More recently, the wealth of insurance litigation arising out of the coronavirus (COVID-19) pandemic (mostly concerning business interruption losses) has provided an opportunity for the courts to review the relevant principles. What are aggregation clauses? An aggregation clause is a common feature of insurance and reinsurance contracts, which enables two or more separate losses covered by the policy to be treated as a single loss (aggregated) for the purposes of the excess
GLOSSARY
In the context of (re)insurance claims, whether individual losses fall to be treated as a multiple claims or a single claim, usually for the purposes of applying policy limits and deductibles. An aggregation clause stipulates the criteria as to whether or not such losses comprise a single loss or claim.
NEWS
Insurance & Reinsurance analysis: On 28 October 2020, the High Court handed down summary judgment in the related proceedings of Right Reverend, Nicholas Baines, Lord Bishop of Leeds v Dixon Coles and Gill and Guide Dogs for the Blind Association v Box. The judgment is important for professional indemnity insurers as to aggregation in cases involving the theft of client monies. Paul Castellani, partner and Nick Read, litigation executive at Kennedys considers this decision and its implications on insurers.
PRACTICE NOTES
As of 6 April 2025, the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) revoked and replaced the consumer protection regime under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. This Practice Note covers the offence of engaging in a commercial practice which is an aggressive practice under DMCCA 2024. The provisions for this offence under DMCCA 2024 largely mirror those under CPUTR 2008, SI 2008/1277. For further analysis of unfair commercial practices under DMCCA 2024, see News Analysis: The new law relating to unfair commercial practices. Note that CPUTR 2008, SI 2008/1277 will still apply to conduct occurring prior to the commencement of DMCCA 2024. For background information on the evolution of DMCCA 2024 and a review of the key changes under the Act, see Practice Note: Consumer protection from unfair trading under the Digital Markets, Competition and Consumers Act 2024. The Competition and Markets Authority (CMA) has published guidance on the protection from unfair trading provisions in the DMCCA 2024 which can
GLOSSARY
A software development methodology that advocates short and frequent development cycles (generally two to four weeks) where the design, coding and testing work is conducted in parallel.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer [insert information about the business of the Customer] wishes to [insert objectives of the project]. (B) The Supplier is a provider of [insert business of the Supplier] and has experience in [insert services being procured]. (C) The parties have agreed to contract with each other in accordance with the terms and conditions set out below. THE PARTIES AGREE: 1 Definitions 1.1 In this Agreement: Acceptance Criteria • in respect of an Iteration means criteria formulated by the Development Team that determine whether Software developed in respect of that Iteration is of satisfactory quality and, in respect of a Release, whether the Features are of satisfactory quality, in each case as approved by
GLOSSARY
The relationship between persons through the father.
GLOSSARY
See offer'>Recommended offer.