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²Ñ¾±³Ù¾±²µ²¹³Ù¾±´Ç²Ô—c³ó±ð³¦°ì±ô¾±²õ³Ù How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

Sentencing Guidelines for Corporate offenders—Money laundering checklist

Sentencing Guidelines for Corporate offenders—Money laundering checklist This Checklist summarises the Sentencing Council’s guidelines for money laundering offences committed by a corporate (Money Laundering Guidelines). The Money Laundering Guidelines can be accessed here: • Magistrates’ Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the magistrates’ court • Crown Court Sentencing Guideline—Corporate offenders: fraud, bribery and money laundering—for use in cases involving corporates being sentenced in the Crown Court The Sentencing Council also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises. These include: • Totality guideline (Crown Court) • Totality guideline (magistrates’ court) • General guideline—overarching principles (Crown Court) • General guideline—overarching principles (magistrates’ court) • Reduction in sentence for a guilty plea (Crown Court) • Reduction in sentence for a guilty plea (magistrates’ court) For more information, see Practice Note: Sentences imposed following conviction. Among these overarching guidelines, the General guideline: overarching principles (the General guideline) is specifically designed...

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Ireland—Civil court structure—flowchart

Ireland—Civil court structure—flowchart This Flowchart provides a simple diagrammatic illustration of the civil court structure in Ireland. It should be read in conjunction with the

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Submission of an appeal

FORTHCOMING CHANGE: On 29 January 2024, the Ministry of Justice launched a consultation on introducing fees for Employment Appeal Tribunal (EAT) appeals and employment tribunal claims. Under the proposals, a £55 fee will be payable on lodging an appeal to the EAT or submitting a claim to the employment tribunal. The 8 week consultation closes on 25 March 2024. There are currently no fees in the employment tribunal and EAT. Fees in the employment tribunal and EAT were introduced from 29 July 2013 but were removed with effect from 26 July 2017 following the Supreme Court’s ruling in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51 that the fees regime was unlawful. For further details on the 2024 consultation, see: LNB News 29/01/2024 69.The Employment Appeal Tribunal (EAT) Practice Direction 2023 (EAT PD 2023) came into force on 30 September 2023 replacing the 2018 Practice Direction. It provides that if a person is thinking about submitting an appeal to the EAT they must read and carefully consider...

Orders on outcome of an appeal

STOP PRESS: The Employment Tribunal Procedure Rules 2024, SI 2024/1155 (ET Rules 2024) in force from 6 January 2025, replace the ET Rules 2013 set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 from that date. The Employment Tribunals (Procedure Rules) (Consequential Amendments) Regulations 2024, SI 2024/1156, also in force 6 January 2025, primarily amend the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 to facilitate the coming into force of the ET Rules 2024. Presidential Guidance and Practice Directions will be amended to reflect the new rules in due course.For a destination table showing how the ET Rules 2024 correspond to the ET Rules 2013, and incorporating notes on the changes, see Practice Note: Employment tribunal rules of procedure 2024—destination table. This Practice Note will be updated in light of the ET Rules 2024 as soon as possible.The Employment Appeal Tribunal (EAT) can dispose of an appeal by ordering that:•the appeal be dismissed•the appeal be allowed and...

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Immigration appeal bundle index—template

Immigration appeal bundle index—template In the immigration and asylum chamber [Insert Home Office, Port and appeal reference numbers as relevant] First-tier tribunal [Insert venue] Between: [Insert name of Appellant] Appellant – and – Secretary of state for the home department Respondent _________________________ Appellant’s bundle _________________________

Drafting notes for claim form in s 21 notice accelerated possession proceedings

Drafting notes for claim form in s 21 notice accelerated possession proceedings How to use these drafting notes A claim for possession of a residential property situated wholly or partly in England let on an assured shorthold tenancy (AST) using the accelerated possession procedure is made using Form N5B England. These drafting notes are for completing form N5B England only. Note that from 1 December 2022 ASTs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs became converted occupation contracts. For accelerated possession claims of residential properties situated in Wales, Form N5B Wales should be used. For further guidance, see Practice Note: Renting Homes (Wales) Act 2016—terminating standard occupation contracts and recovering possession. General points for issuing accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant...

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What are unitranche facilities?

What are unitranche facilities? What is a unitranche facility? Leveraged finance transactions are traditionally funded by a mixture of equity, senior debt, mezzanine debt and/or bonds. A unitranche facility is effectively a blend of the senior and mezzanine portion of the financing although it can sometimes covers part of the equity too. Therefore, instead of two facilities agreements, covenant packages, sets of security documents etc, only one is required. Unitranche facilities are more common on mid-market deals. What are the typical terms of a unitranche facility? Unitranche facilities differ from deal to deal but some typical features are: • the facility will be in the form of a term loan; if a revolving credit facility (RCF) is also required it will normally be documented in the same agreement and share the same security package • bullet repayment or possibly with a back ended amortisation schedule • higher margin than senior debt but lower margin than mezzanine debt; margin may be a mixture of cash and PIK...

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time?

In a criminal appeal to the Crown Court, CrimPR 34.2(5) proves that 'unless the respondent agrees that the Court should allow the appeal' a respondent's notice must be filed. What are the consequences of failure to do so? Would the appeal be allowed by default? Is the respondent permitted to file and serve a respondent's notice after this time? Criminal Procedure Rule (CrimPR), SI 2020/759, r 34.2 is entitled ‘Service of appeal and respondent’s notices’. CrimPR, SI 2020/759, r 34.2(5) provides as follows: 'Where the appeal is against conviction or against a finding of guilt, unless the respondent agrees that the court should allow the appeal— (a) the respondent must serve a respondent's notice on— (i) the Crown Court officer; and (ii) the appellant; and (b) the respondent must serve that notice not more than 15 business days after service of the appeal notice.' The clear inference is accordingly that, where the respondent intends to contest an appeal to the Crown Court, they are required to file a Respondent’s Notice...

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The English Court re-affirms the high hurdle that section 68 applications must overcome to set aside an arbitration award. (Collins and others v Wind Energy Holding Ltd)

Arbitration analysis: This case arises from a claim to set aside the final award in an LCIA arbitration, on the grounds of serious irregularity under section 68 of the English Arbitration Act 1996 (the ‘Act’). The claimants contended that the tribunal breached its duties under section 33 of the Act (‘Section 33’) by: (1) refusing to adjourn an evidentiary hearing to allow the claimants obtain legal representation and attend the hearing; (2) declining to admit and assess certain evidence tendered by the respondent in the arbitration; and (3) adopting an inappropriate approach to certain issues in the final award. In dismissing the claim and holding that no serious irregularity had occurred under section 68 of the Act (‘Section 68’), the court found that the claimants’ lack of legal representation was a self-inflicted consequence of their failure to take proper and prompt steps to vary a freezing order issued in related litigation proceedings. The court also concluded that it was the tribunal’s responsibility to determine the extent to which it needed...

Summary judgment on defamation defence of fair and accurate reporting (Iqbal v Geo)

TMT analysis: The Court of Appeal granted summary judgment in favour of the defendant, Geo TV Ltd (Geo), overturning the High Court decision. The court held that a defence against defamation under section 15 of the Defamation Act 1996 (DA 1996) (which relates to the publication of fair and accurate report of proceedings at a public meeting) was capable of summary determination. Written by Sarah Ellington, partner at Watson Farley & Williams LLP.