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�Ѿ��پ������پ��Dz�—c��𳦰�������� 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...

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

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Standard contractual clauses and binding corporate rules—EU methodology—flowchart

Standard contractual clauses and binding corporate rules—EU methodology—flowchart This Flowchart reflects the methodology set out by the European Data Protection Board (EDPB) for determining whether you can make an international transfer of personal data on the basis of standard contractual clauses (SCCs) or binding corporate rules (BCRs). You can only rely on these transfer mechanisms where the protections, enforceable rights and legal remedies provided to individuals in the recipient country are essentially equivalent to those guaranteed under the General Data Protection Regulation (GDPR). The ‘essentially equivalent’ test was laid down in the case of Facebook Ireland and Schrems (Schrems II), which was decided under the EU GDPR. The Information Commissioner’s Office (ICO) has published Guidance on transfer risk assessments, which adopts the term ‘sufficiently similar’ in relation to transfers under the UK GDPR and uses a different methodology. The ICO is happy for organisations exporting data from the UK to follow either methodology. This Flowchart reflects the EU methodology, as set out in: • EDPB Guidelines on...

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Standard terms and conditions—incorporation

This Practice Note summarises the practical steps which a business can take to successfully incorporate its standard form terms and conditions into contracts and agreements. It provides guidance on how to ensure that one party’s standard terms and conditions are incorporated into a contract, how to win the battle of the forms and how to prevail over attempts by the other party to incorporate their standard terms and conditions into the contract. See also: Effectively incorporating standard terms and conditions—checklist.For guidance on the purpose, advantages and disadvantages of using standard terms and conditions, see Practice Note: Standard terms and conditions—advantages and disadvantages.For guidance on drafting standard terms and conditions for business to business (B2B) transactions, see:•Practice Note: Key terms and conditions in commercial contracts•Drafting terms for the supply of services—business to business—checklist•Drafting terms for the sale of goods—business to business—checklistFor guidance on reviewing another party’s B2B standard terms and conditions, see:•Contracting on another party’s standard terms and conditions (B2B)—checklist•Reviewing terms for the purchase of goods or services as a buyer—business...

Key terms and conditions in commercial contracts

This Practice Note considers some of the key terms and conditions found in business-to-business (B2B) commercial contracts. It sets out the general drafting considerations and considers some of the key operative provisions, such as term, primary obligations, warranties, price and payment, confidentiality, intellectual property rights, data protection, liability and limitation of liability, indemnities, termination, and consequences of termination.For links to more detailed commentary on commercial contracts, generally, see:•Commercial clauses—overview•Definitions—overview•Boilerplate clauses—overview and Practice Note: The role of boilerplateSee also: Commercial contract drafting and review—checklist and Commercial contract review and execution (business personnel)—checklist.For more specific guidance when considering the supply of services, see also Practice Note: Negotiation guide: services agreements.Initial considerationsStructure and formThe initial consideration for any contract must be what form it will take, and that decision will largely be informed by what the contract is seeking to achieve and in what environment it is expected to be entered into. For example, simple contracts are capable of being entered into orally, in writing or by conduct; whereas some agreements require greater...

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Finance provisions—joint venture shareholders’ agreement

ALTERNATIVE 1: PROVISION FOR FUTURE LOANS BY SHAREHOLDERS Clause 1 Insert a new definition as follows (if not already included): Respective Proportion means, in relation to a Shareholder, the proportion which the number of Shares held by that Shareholder bears to the total number of issued Shares of the Company; Replace clause 9.3 with the following new clauses 9.3 and 9.4: 9.3 In the event that, at any time during the term of this Agreement, any such borrowings are not available or do not satisfy the working capital requirements of the Company as determined by the Board, each of the Shareholders, when requested from time to time, lend to the Company its Respective Proportion of the amount specified by the...

Planning and development overage—permission for additional units obtained or implemented

The ScheduleOverage–ascertainment and payment 1 Definitions In this Schedule the following definitions apply: Additional Residential Unit any Residential Unit on the Property in excess of [insert threshold number of units] and Additional Residential Units shall have a corresponding meaning; Index HM Land Registry’s House Price Index under the ‘[House price index OR Average price OR Property type]’ report type for [insert location specifying region, county and borough as required]; Overage a sum in...

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Is a contract enforceable if the nominal consideration of £1 is never paid?

Is a contract enforceable if the nominal consideration of £1 is never paid? The placement of clauses providing for nominal consideration is used in some contracts to fulfil the requirements of consideration. Nominal consideration is the payment of a small amount that is still sufficient for legal purposes but 'nominal' in that it would not be adequate in any commercial sense. A sum of one pound sterling is commonly indicated as the nominal consideration, although higher amounts are sometimes seen. We refer you to Precedent: Nominal consideration clause and the related Drafting Notes which state that: ‘The reference to the receipt of the nominal consideration is important, particularly to avoid any risk of

What date should be entered into the PSC register following an allotment of shares to an individual? Should it be the date of allotment, or, if different, the date when the shares are actually issued (when the details of the individual are entered into the register of members)?

What date should be entered into the PSC register following an allotment of shares to an individual? Should it be the date of allotment, or, if different, the date when the shares are actually issued (when the details of the individual are entered into the register of members)? The terms 'allotment' and 'issue' are often used interchangeably in relation to new shares in the capital of a company, however, the terms do have distinct legal meanings. Shares in a company are allotted when a person acquires the unconditional right to be included in the register of members in respect of those shares. The subsequent issue of those shares is when the name of the person to whom the shares have been allotted is entered on the register of members of the company in respect of them. Allotment creates a right for a person to be registered as a member of a company, but only once a share has been issued can that person exercise his rights as...

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Warranties, representations and the Insurance Act 2015

Insurance & Reinsurance analysis: Ten years on from the introduction of the Insurance Act 2015 (IA 2015), the Court of Appeal has handed down a significant judgment, addressing for the first time the proper characterisation of warranties and representations under the ‘new’ law. The decision provides an important and helpful insight into the operation of IA 2015 and a reminder to parties that while the Act went some way to balancing the rights of insurers and policyholders, an insurer will still be able to avoid a policy where the policyholder is in breach of warranty. Written by Chris Neilson, partner, Leah Alpren-Waterman, of counsel and Katie Henderson trainee solicitor at Mischon de Reya LLP.

Energy weekly highlights—13 March 2025

This week's edition of Energy weekly highlights includes: three News Analyses on (1) potential disputes that could arise in relation to low carbon hydrogen projects as they are increasingly deployed in the UK; (2) an overview of key proposals from the Department for Energy Security and Net Zero (DESNZ)’s consultation on a new draft national policy statement (NPS) for nuclear energy generation (EN-7); and (3) a summary of key provisions from the Planning and Infrastructure Bill. In addition this week, Ofgem and DESNZ jointly published a technical decision document, detailing the final key specifications and operational framework of the new Long Duration Electricity Storage (LDES) cap and floor subsidy scheme. We also cover announcements from Ofgem, including the publication of two determinations on its decisions to proceed with the selection of code managers for the Balancing and Settlement Code (BSC) and the Retail Energy Code (REC) on a non-competitive basis, as well as its decision to appoint Elexon as the delivery body for the new Flexibility Market Asset Registration (FMAR)...