A court order in divorce proceedings which provides for pension benefits to be used to pay either maintenance or a capital sum from a pension scheme direct to an ex-spouse on behalf of a member.

An attempt may be prosecuted where the defendant has taken steps towards to committing an indictable offence, and those steps are more than merely preparatory to the commission of the offence.

A person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself consists of both a criminal act and a mental state. In each case it is a question of fact whether the accused has gone sufficiently far towards the full offence to have committed the act of the attempt. If the accused has passed the preparatory stage the offence of attempt has been committed and it is no defence that they then withdrew from committing the completed offence. Most attempts at committing criminal offences will be governed by section 1 of the Criminal Attempts Act 1981 (CAA 1981), although some statutory exceptions apply. These include: • burglary under section 9(1)(b) of the Theft Act 1968 (TA 1968), and • using a firearm to resist arrest under section 17 of the Firearms Act 1968 (FiA 1968) CAA

Arbitration analysis: Mr Justice Robin Knowles CBE in the Commercial Court exercised his discretion to set aside a notice of discontinuance filed by award creditors (the claimants; the Statis) who had previously sought the recognition and enforcement of a New York Convention arbitral award in England. In what the judge described as an ‘exceptional case’, following an application to set aside the notice of discontinuance by the award debtor (the defendant; Kazakhstan), the judge rejected the reasons given by the claimants for the proposed discontinuance, and decided that the English court should proceed to determine at trial the question whether the award was obtained by fraud as alleged by the state. The court held that the real reason for the notice of discontinuance was that the claimants did not wish to take the risk that the trial may lead to findings against them and in favour of the state.

Dispute Resolution analysis: In Slade (trading as Richard Slade and Co) v Abbhi, the defendant failed in his attempt to argue that he was the ‘party chargeable’ within the definition of the Solicitors Act 1974 (SA 1974). This was despite judgment against him on liability in respect of the claimant solicitors firm’s costs, after he had agreed to provide a loan to their client, Mr Singh, to fund the latter’s litigation. As such, he could not succeed in his argument that damages relating to the invoices delivered by the claimant should be assessed at nil. The defendant’s argument was founded on the basis that the invoices sued for had never been delivered to him and, therefore, pursuant to SA 1974, s 69, a money judgment should be dismissed where proceedings have been brought before delivery of the invoices concerned. Importantly, the defendant had also failed to raise this point in his original defence and it was found to be too late to do so now, shortly before the quantum hearing. Richard Allen a senior consultant at Burcher Jennings considers the judgment and its practical implications.

This Checklist summarises the issues which defence lawyers might wish to consider when advising a corporate client in relation to attending an interview under caution on suspicion of committing a corporate criminal offence in England and Wales. This Checklist should be read in conjunction with Practice Notes: Interview under caution and Voluntary attendance at an interview under caution. Advising clients before an interview under caution When a request is received for a corporate client to attend an interview under caution: • Ensure that the client understands what an interview under caution is and the meaning of the caution. • Ensure the client understands their rights before and during any interview under caution under Police and Criminal Evidence Act 1984 (PACE 1984) and PACE Code C. • Ensure the client understands what will happen at the interview under caution and the procedural steps which the interviewing officer should take to comply with PACE Code C. • Where the client is a company that is part of a group of companies, check that the interview request

This Checklist should be read in conjunction with other Practice Notes referred to below. In particular, for voluntary interviews under caution, see Practice Note: Voluntary attendance at an interview under caution. A defence lawyer attending an interview under caution needs to be with familiar with the Police and Criminal Evidence Act 1984 (PACE 1984) and the PACE Codes of Practice. This Checklist covers attending the police station for general crime investigations. There are different rules and procedures for certain other matters such as interviews conducted by the Financial Conduct Authority (FCA), Serious Fraud Office (SFO) or National Crime Agency (NCA). For more information on these types of interviews, see the following Practice Notes: • Financial Conduct Authority interviews and production of documents • Interviews under the Criminal Justice Act 1987, s 2 • Attendance at a corporate crime interview under caution—checklist • Compulsory interviews under SOCPA 2005 Prior to attending the police station Prior to attending the police station ensure that you have called the custody suite to provide the client with initial legal

Action Notes Check previous RTWI/ARM documentation for:—medical condition affecting the employee;—medical treatment being received;—details of medication being taken;—recommendations of the last RTWI/ARM;—arrangement of GP’s medical report;—arrangement of private medical examination;—arrangement of Occupational Health report;—recommendations of medical report/medical

ARM conducted by [State name] Date [Insert date] Location(s) [Insert location] Section A: To be completed prior to conducting the ARM Employee name [Insert name] Department [Insert department] Usual place of work [Insert details] Employee’s current absence rate [Insert details] Is the absence long-term sickness/sporadic? [Insert

1. Does an attendance review meeting (ARM) mean I’m being disciplined for my absence? No. An ARM does not constitute disciplinary action and does not normally form part of any disciplinary process. 2. What’s the purpose of an ARM? The purpose of an ARM is to discuss the health problems causing you to have a high rate of absence and to explore what can be done to help improve your health, reduce your absence rate and facilitate your safe return to work if you are off on long-term sickness. 3. Will everyone in the firm have an ARM? It is the policy of the firm to conduct an ARM when an employee has been absent from work on long-term sickness exceeding [four weeks’ OR [insert duration]] duration or where an employee has a high rate of sporadic absence amounting to a total exceeding [four weeks OR [insert duration]] where the absence is caused by an underlying health problem. 4. Who will

This Checklist on attending court as an advocate outlines the steps that an advocate should undertake to approach a hearing with confidence and be adequately prepared to represent the client in civil proceedings. Note: this Checklist does not intend to cover the preparation of complex hearings, such as case management conferences (CMC) or trials. Also note that documents and instructions will typically pass through a solicitor unless the advocate is acting as a direct access advocate. Attending court as an advocate Role of an advocate/Stages Guidance/Consideration Advocate in civil proceedings Advocates appear in court when instructed by a solicitor/clientAdherence to a code of conduct and duty to the court Instructions to counsel You have been instructed (generally by an instructing solicitor) to act on behalf of a clientYou have received a court’s order/notice confirming a hearing has been listedYour attendance is required at the hearingThe basis of

The attestation clause is the place in the agreement where the parties sign to indicate their consent to the provisions of the agreement. The execution clauses and signature blocks are found at the end of the agreement, preferably after the schedules and before the appendices and annexures.