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PRACTICE NOTES
This Practice Note provides information about different ways of identifying sources of pro bono work along with illustrative examples of pro bono projects that have been carried out. It is worth remembering that any legal work provided voluntarily by a lawyer or an organisation for a charitable reason equates to pro bono work—the examples included in this Practice Note should not be taken as being exhaustive. Sources of pro bono work Two common ways to provide pro bono support are to: • work in partnership with a charity • undertake pro bono litigation You should not take on just any pro bono opportunity that arises—it is important to fully understand what the potential opportunity is, whether it is a good fit for your organisation and if the lawyers who will be undertaking the pro bono work have the time and skills required. Precedent: Pro bono—opportunity assessment form will help you assess the pros and cons of any potential opportunity that arises before making a decision on whether to proceed with the proposed project or initiative. Working
PRACTICE NOTES
Starting a new role can be daunting, especially where you are transitioning to an organisation that is new to you and you need to get to grips with the differences between working in private practice and in-house. First and foremost, don’t panic. Assuming you’re not immediately hauled into meetings, you should spend your first week getting to know your working environment, line manager, and colleagues. Even if you do find your diary fills rapidly, it is important to block out a couple of hours each day to tackle the basics—this will pay off in abundance later. This Practice Note is intended for lawyers taking up a new role in-house. It is aimed at sole in-house lawyers but will also be relevant to you if you are joining an established legal team. This Practice Note is designed to provide you with some practical tips about how to settle yourself into your role and suggests actions to take in your first week. It is also intended to provide comfort if things are not quite as they seemed
PRACTICE NOTES
Starting a new in-house role is always daunting. Where that new role is in an organisation that is new to you and you need to get to grips with the differences between working in private practice and in-house, the experience can be exhilarating or terrifying or both. This Practice Note is intended for lawyers taking up a new role in-house. It is aimed at sole in-house lawyers but will also be relevant to you if you are joining an established legal team. This Practice Note is designed to provide you with some practical tips and suggested actions to take in the second week of your new post. It should be read in conjunction with Practice Note: Finding your feet in-house—your first week. Your second week Having survived your first week, your second week will be a much less scary prospect. You can roll your sleeves up and get started on a few tasks. These tasks will help you to get to know your organisation better and will enable you to meet the key players in
PRACTICE NOTES
From 9 July 2012, the Immigration Rules relating to applications for settlement from various family members of settled persons (partners, parents, children of those with limited leave as a partner or parent and dependant relatives) were radically reshaped. The relevant categories were previously found in Part 8 of the Immigration Rules. The new Rules were placed in two appendices: Appendix FM: family members, and its companion Appendix fm-SE: family members—specified evidence. Transitional arrangements preserved some provisions of the Immigration Rules, Part 8 for people who had already been granted leave to enter or remain under Part 8. The provisions for entry clearance for children of settled parents have been preserved and so for entry clearance for children there are different rules running in tandem. For other family cases, there are points of contact where certain paragraphs of Part 8 continue to be relevant. The challenge to the adviser at the outset of any case is, therefore, to understand the relevant rules, and identify the evidence to be provided and the procedure to be followed. While
PRACTICE NOTES
The Taking Control of Goods legislation The taking control of goods (TCG) procedure consists of two different processes: • TCG—this replaced the old regime of writs of fieri facias and warrants of execution in respect of enforcing judgment debts • commercial rent arrears recovery (CRAR)—this replaced the old regime of distress for rent in respect of commercial rent arrears This Practice Note is concerned only with the TCG procedure. For guidance on CRAR, see Practice Note: Commercial rent arrears recovery (CRAR). The TCG procedure is governed by a number of interrelated pieces of legislation: • Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) • The Taking Control of Goods Regulations 2013, SI 2013/1894 (TCG Regulations) • The Taking Control of Goods (Fees) Regulations 2014, SI 2014/1 (Fees Regulations) • Certification of Enforcement Agents Regulations 2014, SI 2014/421 (Certification Regulations) • CPR 83–CPR 85 Together, this legislation is a largely self-contained procedural code for all aspects of the TCG procedure. For many practitioners their involvement with the detail
PRACTICE NOTES
This Practice Note explains the findings, determinations and conclusions that may be reached at the conclusion of a coroner’s investigation and inquest. It considers the distinction between findings, determinations and conclusions, the short form and narrative conclusions available to coroners and juries, the application of the Galbraith Plus test, the standard of proof applicable at inquests and the circumstances in which prevention of future death reports (PFD reports) may be made. It also provides guidance on the legal principles governing conclusions and the recording of findings in the Record of Inquest. A coroner (or a jury where there is one) is required to make a determination at the end of an inquest of the matters which were ascertained from the investigation process which culminated in the inquest hearing. The findings are then recorded as part of the process for the registration of the death. Inquest ‘verdicts’ are known as ‘conclusions’. The matters to be ascertained by the investigation are set by the Coroners and Justice Act 2009 (CJA 2009) and are restricted
NEWS
The Care Quality Commission (CQC) has fined the owners of Golden Years Caring at Home Ltd in Portsmouth £44,003, for failing to register with the CQC as required by law under the Health and Social Care Act 2008. The CQC contacted the owners of the homecare business about not being registered and the directors made several attempts to register, however Golden Years Caring at Home Ltd did not meet the standards required and registration was refused. A guilty plea was entered and the owners were fined £34,833, ordered to pay £170 victim surcharge and £9,000 in costs.
NEWS
Corporate Crime analysis: The appellant was the director of a company who pleaded guilty, on the day of his trial, to an offence contrary to sections 33 and 37 of the Health and Safety at Work etc Act 1974 and was sentenced to a community order with unpaid work and was also fined with a period of imprisonment in default. The Court of Appeal considered whether the imposition of both a fine and unpaid work amounted to a manifestly excessive sentence. The court concluded that while there would be cases where it was appropriate to impose a community order in addition to a fine this was not such a case. Appeal allowed—community order quashed. Written by Shauna Ritchie, barrister at 2 Bedford Row, London.
PRACTICE NOTES
The key provisions relating to the imposition of fines following conviction are found in sections 118–132 of the Sentencing Act 2020 (SA 2020) (also known as the Sentencing Code). A fine is a financial penalty imposed on conviction either instead of, or in addition to, any other sentence if, under the relevant offence provision, that offence is liable to a fine. A fine can be imposed in the Crown Court or the magistrates’ court and should always be proportionate to the gravity of the offence. Any fine imposed following conviction must not exceed the maximum specified amount provided by the relevant offence (if such a limit is specified). A fine will never be appropriate when the seriousness of the offence requires an immediate custodial sentence and must not be imposed where the offence is one in relation to which a mandatory sentence requirement applies (such as life imprisonment for murder). See: A-G's Reference (No 41 of 1994) (1995) 16 Cr App Rep (S) 792 (not reported by LexisNexis®). Maximum fines Magistrates’ court Certain criminal offences dealt with by the magistrates’ court, have
PRACTICE NOTES
The power of the European Commission (Commission) to impose fines for infringements of EU competition law is an important tool in its enforcement armoury. The 2006 Fining Guidelines are the reference point used by the Commission to determine its fines. As part of its judicial review, the General Court has the authority to exercise unlimited jurisdiction to review whether a fine for competition infringement is fair and proportionate. This means that the General Court has the power to either reduce or increase a penalty that has been set by the Commission using its own guidelines. Hence, the General Court is not bound to follow the Commission’s guidelines. However, in order to guarantee equal treatment, the General Court will ensure that the 2006 Fining Guidelines are correctly implemented. The substitution of the 1998 Fining Guidelines by the 2006 version, even if it had the effect of increasing the overall average of the fines imposed, was reasonably foreseeable. Besides, according to the General Court, guarantees in criminal matters enshrined in Articles 6 and 7 of the ECHR and Article
CHECKLISTS
This Checklist should be read in conjunction with Practice Note: Destruction of fingerprints and DNA samples which explains the regime for the retention and destruction of fingerprints, DNA and other biometric material in England and Wales under the Police and Criminal Evidence Act 1984 (PACE 1984), also known as section 63D material. The below tables set out the retention period for section 63D material depending on the type of offence, the age of the individual and whether they have been arrested, cautioned or convicted. Convicted offender Offender Offence Retention period of fingerprints or DNA Adult conviction for a qualifying offence indefinite Adult conviction for a recordable
PRACTICE NOTES
A suspect's fingerprints can always be taken if they consent. Where the suspect is at the police station and gives consent for their fingerprints to be taken, their consent must be given in writing. In the case of a person who is under the age of 17 but has attained the age of 14, the appropriate consent of their parent or guardian is also required. A person under the age of 14 cannot give consent; the consent of their parent or guardian must be obtained. If a suspect does not consent, the power to take fingerprints will depend on the circumstances of the case. Under provisions contained in the Police and Criminal Evidence Act 1984 (PACE 1984), the police can take a person's fingerprints without consent if they have been arrested, charged or convicted of an offence in the UK, convicted of a serious offence overseas or if there are concerns about their identity. Fingerprinting on arrest A person may have their fingerprints taken on arrest without their consent if: • they have been detained at the police station following