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PRACTICE NOTES
SFO’s key policies on prosecuting bribery offences The Serious Fraud Office (SFO) investigates and prosecutes serious or complex fraud, bribery and corruption in England, Wales and Northern Ireland. Alongside the Crown Prosecution Service (CPS), it has the power to negotiate deferred prosecution agreements (DPAs) with organisations, who will thereby avoid some of the consequences of a prosecution. For more information, see Practice Note: Deferred Prosecution Agreements (DPAs). The SFO publishes various policies and internal guidance documents which guide investigators and prosecutors considering bribery offences. Organisations and those advising them should be aware of these policies as they can be instructive in revealing the SFO’s approach to certain matters. This awareness should extend to the following key SFO policies and guidance: • the Ministry of Justice’s (MoJ’s) guidance on the Bribery Act 2010 (BA 2010) • the SFO’s Cooperation Guidance • the SFO’s guidance on Evaluating a Corporate Compliance Programme • the SFO’s guidance for whistleblowers Together these are referred to in this Practice Note as ‘the SFO policies’. As
PRECEDENTS
1 Strengths Group Themes Partners [Insert a summary of the feedback from this group] Operational team leads [Insert a summary of the feedback from this group] Legal teams [Insert a summary of the feedback
NEWS
A round-up account of all the family leave changes taking place in April 2015 that are happening in addition to shared parental leave and pay: (1) the abolition of additional paternity leave and additional statutory paternity pay, (2) the extension of parental leave to cover children up to 17 years old, (3) time off for adoption appointments, (4) removal of the qualifying period of employment for adoption leave, (5) introduction of a six week higher rate period of statutory adoption pay, (6) expansion of paternity leave, adoption leave and shared parental leave to cover fostering to adopt and surrogacy, (7) expansion of shared parental leave to cover adoption from abroad, (8) the renaming of ordinary paternity leave and ordinary statutory paternity pay and (9) new restrictions on the right to take paternity leave and adoption leave.
PRACTICE NOTES
New Practice Directions and, in some cases, replacements to the Court of Protection Rules 2007 have been made with effect from 1 July 2015. As a result of the amendments in the Court of Protection (Amendment) Rules 2015, there have been amendments to the Court of Protection forms and the introduction of new forms with effect from 1 July 2015. New Practice Direction/Rules New Practice Direction Title Summary of new Practice Direction Summary of new Rule (where relevant) Practice Direction 2A—Participation of P New PD effective 1 July 2015—purpose is to ensure that P takes an appropriate part in the proceedings and the court is properly informed of P's situation, but so that excessive delay and costs are avoided Refers to a new Rule 3A effective from I July 2015 providing for the court shall consider whether to make directions:- for P to be joined as a party- or for P to be represented by an accredited legal representative- or
PRACTICE NOTES
This Practice Note sets out a very brief summary of some of the key health and safety regulations, in alphabetical order, that apply in England and Wales. Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (SI 2009/1348) apply in relation to the carriage of dangerous goods: • by road • by rail • by inland waterway but only to the extent relating to the training and examination system for safety advisers and the connected issuing and renewal of vocational training certificates Construction (Design and Management) Regulations 2015 The Construction (Design and Management) Regulations 2015 (SI 2015/51) cover the management of health, safety and welfare when carrying out construction projects. The Regulations place duties on clients, designers, contractors and workers in respect of all construction projects. The definition of 'construction work' is extremely wide, bringing many minor repair and maintenance activities within the scope of the Regulations. Control of Asbestos Regulations 2012 The
PRACTICE NOTES
This Practice Note provides an overview of the grounds upon which a landlord may seek to oppose the grant of a renewal business tenancy under section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954). LTA 1954, s 30(1) sets out various grounds of opposition to the renewal of a business lease. Unless the landlord can establish one or more of these grounds, the tenant will be entitled to a new tenancy provided the current tenancy satisfies the requirements of LTA 1954, s 23. For further guidance on LTA 1954, s 23 see Practice Note: LTA 1954 business lease renewal—termination — Does LTA 1954 apply? The grounds of opposition in LTA 1954, s 30(1) are: Ground (a)—disrepair A landlord may oppose the grant of a new lease under LTA 1954, s 30(1) by specifying ground (a), which provides: ‘…where under the current tenancy the tenant has any obligations as respects the repair and maintenance of the holding, that the tenant ought not to be granted a new tenancy in view of the state of repair of
PRACTICE NOTES
All of the offences under the Licensing Act 2003 (LA 2003) are summary-only offences and are therefore triable only in the magistrates' court. Generally these types of offences have to be prosecuted within six months of the offence being committed (as per section 127 of the Magistrates’ Courts Act 1980), however, LA 2003, s 186(3) states that for these offences, the time limit for laying an information is extended from six months to twelve months from the date of the offence. Proceedings are likely to be instigated by way of postal requisition. Licensing Authorities, the police or the local Weights and Measures Authority can prosecute people for any of the offences contained in LA 2003. If prosecuted the court may also order the forfeiture of a personal licence or suspend it for up to six months and also order forfeiture of any goods concerned (eg alcohol). If convicted of a relevant offence as defined by LA 2003, s 113(1), the police may raise objections to the defendant
NEWS
In 2023, the Department for Business and Trade (DBT) asked Acas to prepare a new statutory Code of Practice to provide guidance to businesses and workers on the Workers (Predictable Terms and Conditions) Act 2023. Acas held a public consultation on the draft Code between 25 October 2023 and 26 January 2024.
PRACTICE NOTES
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit—implications for data protection. This Practice Note and accompanying set of short Q&As written by Rachael Markham of Squire Patton Boggs (UK) LLP, is a practical set of key points surrounding the General Data Protection Regulation (Regulation (EU) 2016/679 (GDPR)) for those who require a quick point of reference to all the key questions that might arise as they advise their insolvency practitioner (IP) clients. The definition of data controller and data processor has not changed. Therefore if an IP was a data processor or data controller
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides information as at 1 April 2013 on the implementation of the Jackson Reforms. It is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published. For further information on previous and/or subsequent amendments to the CPR, see: Practice Note: Jackson Reforms—one year on [Archived], CPR updates—overview and Procedure Rule Committee minutes—overview. New costs rules and practice directions A wholesale review of the costs rules and practice directions was undertaken by a subcommittee of the CPR Committee. Removal of rules relating to funding agreements has resulted in the need to renumber the rules, which means that since 1 April 2013 costs are now dealt with in Parts 44–47 rather than Parts 43–48 as was previously the case. In addition, the costs practice direction has been restructured so that there is now one practice direction per Part rather than one costs practice direction running
PRACTICE NOTES
This Practice Note is not a comprehensive account of the features of the Hague Trusts Convention of 1 July 1985 on the Law Applicable to Trusts (the Convention); it functions more as an introduction and summary of certain key points relating to this complex topic. It should be noted at the outset that there is much academic debate on aspects of the Convention and calls for reform. This arises, partly, out of the origins of the Convention and "the difficult task faced by those drafting and promulgating [it]... to draft provisions acceptable to both states that have trusts as part of their national law ('trust states') and states that do not ('non-trust states'). There was naturally a tension between what was acceptable to trust states on the one hand and civilian non-trust states on the other". This is, therefore, a dynamic and evolving area. Given the complexity of aspects of this area, practitioners are pointed towards detailed commentaries such as Underhill and Hayton: Law of Trusts and Trustees
NEWS
The Inter-Ministerial Group for Justice (IMGJ) has published a summary of their second meeting held on 25 January 2024. The group discussed the government’s response to the Post Office Horizon Scandal and court recovery and reducing caseload. The next meeting of the IMGJ will take place in four months.