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PRACTICE NOTES
Written communication is often the primary method by which legal advice is delivered across the business, especially in hybrid and fast-paced working environments. Poor communication can lead to misunderstandings, delays, or even exposure to legal risk. Clear, concise and purposeful written communication can help to build trust and result in your advice being more likely to be heeded. This Practice Note provides guidance for communicating effectively through written communications and includes practical tips on the format and how best to deliver communications. Choosing the right method of written communication There are many methods of written communication available to us, including emails, instant messaging, reports, briefing documents, slide decks, spreadsheets, etc. While each one of these has its place, the most common form of written communication is email. It is simple, it is direct, you can save it/file it, copy in multiple people. For lawyers, who are task and output focused, it ticks a lot of boxes. But each time you send an email, it is important to ask yourself: ‘is this the best way to get my message
PRACTICE NOTES
Companies sometimes provide loans to directors or employees as part of the reward package or on specific occasions to help the individual meet significant expenditure. This Practice Note considers the income tax and National Insurance contributions (NICs) charges that arise if such a loan is subsequently written off or released by the lender. This Practice Note covers the specific rules in the benefits code in ITEPA 2003, Part 3 that apply to 'employment-related loans'. For details of what constitutes an employment-related loan, see Practice Note: Employment-related loans—defined. In addition to the tax charges when the loan is written off explained below, where an employee or director (or a relative of the employee or director) is provided with an employment-related loan that is a taxable cheap loan, an income tax and class 1A NICs charge arise annually on the cash equivalent of the benefit to the employee or director (subject to certain exceptions). For full details of how this annual charge arises and how it is calculated, see Practice Note: Tax issues on the provision
PRACTICE NOTES
This Practice Note considers whether permission is required to obtain a writ or a warrant, how long writs and warrants remain valid and the priority of issued writs and warrants. For guidance on particular types of writs and warrants, see Practice Notes: • How to obtain a writ of control • How to obtain a warrant of control • How to obtain a writ of delivery • How to obtain a warrant of delivery • Writs of sequestration to enforce a judgment or order • Enforcing a judgment or order for possession of land Do I need the court's permission to issue a writ or warrant? Usually, you only need the court's permission to issue a writ or warrant if you fulfil one of the criteria under CPR 83.2(3), ie where: • six years or more have elapsed since the date of the judgment or order—for a summary of the principles to be applied where permission is sought to enforce a judgment or order which is more than six years old, see Strategic Technologies
PRACTICE NOTES
Introduction This Practice Note considers the rules relating to writs of sequestration to enforce a judgment or order in CPR 83, in a situation where no proceedings for contempt of court are brought. Where an application is made seeking confiscation of assets as a punishment for contempt of court, this is dealt with in CPR 81 (see CPR 83.1(3)), for which guidance is provided in Practice Note: Civil contempt proceedings—confiscation of assets (‘writs of sequestration’). Relevant provisions in the CPR As of 6 April 2021, the relevant provisions in relation to writs of sequestration to enforce a judgment or order are contained in CPR 83. Note that in CPR 83, a ‘writ of execution’ is defined to include a writ of sequestration (CPR 83.1(2)(l)). Previously, the (now revoked) rule 83.2A had provided that an application for permission to issue a writ of sequestration must be made in accordance with Part 81, which had been preserved for that purpose as it stood before 1 October 2020. However, with the removal of rule 83.2A, Part
GLOSSARY
The CA 2006 prescribes that a private company limited by shares can pass resolutions at a general meeting of its shareholders, or as written resolutions in accordance with the procedure prescribed (CA 2006, s 281). Public companies limited by shares cannot pass written resolutions at all, even if their articles of association purport to authorise them to do so. A written resolution is passed when the required majority of eligible members have signified their agreement to it. Any provisions in a company’s articles of association attempting to prevent a resolution being passed as a written resolution is void.
GLOSSARY
In limited circumstances, the law allows for a form of plea bargaining where the prosecution agree in writing to profferring a more limited charge on condition of the accused pleading guilty.
PRACTICE NOTES
When defendants accept that they are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction in sentence for a guilty plea expressly limits the ability to claim credit where the defendant's plea has been followed by a Newton hearing at which the defendant's version of events has been rejected. The overarching guidelines state: '...the reduction which would have been available at the stage of proceedings the plea was indicated should normally be halved. Where witnesses are called during such a hearing, it may be appropriate further to decrease the reduction.' Practitioners therefore should always consider carefully any basis of plea and be aware of the potential impact an unsuccessful Newton hearing may have on any expected credit. Practitioners should also ensure that they advise their clients on both of these matters before any plea is entered
GLOSSARY
A document, issued by a public prosecutor under section 29 of the Criminal Justice Act 2003, which institutes criminal proceedings by charging a person with an offence.
PRECEDENTS
Company number: [insert number] [insert company name] [Limited OR PLC] (the Company) Written consent to a variation of class rights We, being the holders of [all OR not less than three
NEWS
In a written question to the Secretary of State for the Home Department, Stella Creasy MP asked whether victims of (a) trafficking and (b) modern slavery who are given leave to remain will have any citizenship application they make affected by whether they entered the UK via an irregular route. In response to this question, the Home Office has provided some clarification on its new approach to citizenship applications from individuals who initially entered the UK illegally, particularly concerning victims of trafficking and modern slavery. While illegal entry or arrival without valid entry clearance or electronic valid authorisation will normally result in citizenship refusal, the Minister for Migration and Citizenship, Seema Malhotra MP confirms that immigration breaches will normally be disregarded where they were outside of an applicant's control. Citizenship applications will continue to be assessed on a ‘case-by-case’ basis, and  mitigating factors such as where a person is a trafficking and modern slavery victim, may support an exceptional grant of citizenship.
PRACTICE NOTES
This Practice Note is concerned with the preparation of written pleadings in civil actions in Scotland. In Scotland, as in other jurisdictions, a party wishing to present or defend a civil claim must first put that claim or defence in writing. These written statements of the claim or defence are the written pleadings. They are sometimes referred to as ‘writs’. There is no universal form of written pleadings in all courts in Scotland. For historical reasons, the various writs used have slightly different names and forms depending on the court in which the action is brought or the remedy being sought. The most common examples are: • summons in the Court of Session—RCS, Ch 13 • defences in the Court of Session—RCS, Ch 18 • petitions in the Court of Session—RCS, Ch 14 • initial writ under the Ordinary Cause Rules in the sheriff court—OCR, Rule 3.1 • defences in the sheriff court—OCR, Rule 9.6 • initial writs under the Summary Application rules in the sheriff court—SAR, Ch 2.4 • counterclaims—RCS,
PRECEDENTS
registration number OC: [insert number] Written resolution[s] OF [insert name] LLP (the LLP) Circulated on [insert circulation date] In accordance with clause [insert value] of the limited liability partnership agreement dated [insert date] regulating the affairs of the LLP, it is proposed that the following resolution[s] be passed as [a written OR written] resolution[s]: [insert text of resolution(s)] Please read the explanatory notes at the end of this document before signifying your agreement to the resolution[s]. We,