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The term 'gain' appears in many statutes and is not generally restricted to commercial gain or profit.
For example, under the Theft Act 1968, s 34(2), while 'gain' extends only to gain in money or other property it also extends to any such gain which is merely temporary and includes a gain by keeping what one has as well as a gain by getting what one has not. 'Gain' is similarly defined by the Fraud Act 2006, s 5.
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惭颈迟颈驳补迟颈辞苍鈥攃丑别肠办濒颈蝉迟 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鈥檚 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鈥擮verarching Principles. Generally, in sentencing exercises the court will need to consider the following: 鈥 the relevant starting point in the Sentencing Guidelines 鈥 the aggravating factors of the offence 鈥 the mitigation and personal circumstances of the defendant 鈥 any reduction in sentence for a guilty plea 鈥 whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences 鈥 any ancillary orders that are appropriate 鈥 the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...
MVNO agreement鈥攃hecklist 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: 鈥 Agreement鈥攎eans the MVNO agreement between the MVNO and the Supplier for the provision of the Services 鈥 End-User鈥攎eans a customer of the MVNO 鈥 IPR鈥攎eans intellectual property rights 鈥 MVNO鈥攎eans mobile virtual network operator, the customer in the Agreement 鈥 Services鈥攎eans the wholesale network services being provided to the MVNO by the Supplier 鈥 Supplier鈥攎eans 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 鈽 Consider duration....
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Company share option plan (CSOP)鈥攆lowchart to determine whether a company's shares qualify A company share option plan (CSOP) allows tax-advantaged share options over shares worth up to 拢60,000 per individual (valued as at the date of grant) to be granted on a discretionary basis by companies which meet the CSOP eligibility requirements and are often used by companies that are too large to qualify to grant enterprise management incentive (EMI) options. The legislation relating to CSOPs sets out numerous requirements that must be met, including in relation to: 鈥 the individuals being granted the options 鈥 the shares being placed under option, and 鈥 the terms of the options This Practice Note focuses on the conditions that must be met in relation to the shares over which CSOP options are granted in order to gain the income tax relief provided for in Part 7, Chapter 8 of the Income Tax (Earnings and Pensions) Act 2003. This flowchart must be read in conjunction with the following detailed Practice Note: CSOP鈥攓ualifying companies...
EU GDPR鈥攑ersonal data breach notification鈥攆lowchart The EU鈥檚 General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is directly applicable and fully enforceable in EU and EEA states. This Flowchart focuses on personal data breach notification under the EU GDPR. It covers: 鈥 a summary of the overarching obligations 鈥 key guidance 鈥 types of personal data breaches 鈥 the flowchart of notification requirements 鈥 general examples of personal data breaches and who to notify 鈥 detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: 鈥樷 breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.鈥 Overarching obligations In summary, among other things, the EU GDPR provides that: 鈥 data processors must notify the data controller without undue delay after becoming aware of a personal data breach 鈥 unless the personal data breach is unlikely to result in a risk to the rights...
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Fraud by failure to disclose information while under a legal duty to do so An offence of fraud by failure to disclose is committed where a defendant:鈥ishonestly fails to disclose information to another person while under a legal duty to do so, and鈥ith the intention to make a gain or cause a lossThe elements of the offence in section 3 of the Fraud Act 2006 (FrA 2006) must be read in conjunction with the offence creating provision in FrA 2006, s 1.The offence is focused on the defendant's conduct and intention and it is irrelevant whether anyone was actually deceived or if there is any actual loss or gain.There is a degree of overlap with the FrA 2006, s 2 offence (Fraud by false representation) as any incomplete disclosure of information may be a misleading representation. See further, Practice Note: Fraud by false representation.Defining what it means to cause a gain or a lossGain and loss extends only to gain and loss in money or other property, whether temporary or...
This Practice Note covers the offence of fraud by false representation. You may also be interested in the following Practice Notes: 鈥raud by failure to disclose and abuse of position鈥btaining services dishonestly under the Fraud Act 2006鈥ossessing or making articles for use in fraud鈥onspiracy to defraud鈥nternal company fraud investigationsFor civil fraud claims, see: Civil fraud鈥攐verview.Fraud by false representationFraud by false representation is an offence under section 2 of the Fraud Act 2006 (FrA 2006), when read in conjunction with FrA 2006, s 1.The elements of the offence are:鈥aking鈥 false representation 鈥ishonestly 鈥nowing that the representation is or might be untrue or misleading鈥ith intent to make a gain for themselves or another, to cause loss to another or to expose another to the risk of lossFraud by false representation applies to a broad range of conduct. No gain or loss need actually be made, and no deception need actually result from a representation for FrA 2006 offences to bite. The offence is complete as soon as the defendant makes a false...
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Competition compliance鈥攇athering competitive intelligence guide for staff Knowing our industry and competitors is beneficial to business success, but the risk of encountering a competition law issue when conducting this sort of activity is high. This Competition compliance鈥攇athering competitive intelligence quick reference guide is intended to provide general guidance as to the actions you should and should not take when gathering competitive intelligence. The list is not exhaustive. [For more information, we also have a set of FAQs on gathering competitive intelligence, which you can find [insert details of where to find FAQs].] 1 Conducting your own analysis You are able to conduct your own analysis, but be careful with the information you use. Do Don鈥檛 Conduct your own analysis of competitor activity (eg observe at public events, trade shows).Gather competitive intelligence from publicly-available sources (eg published news, trade journals, industry analysis, advertisements, and publicly accessible websites).Purchase and evaluate a competitor鈥檚 products or services, for legitimate purposes (eg understanding functionality, market research) and in accordance with...
Policy and procedure鈥攚histleblowing 1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it鈥攕taff do not have to prove anything about the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This...
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Is a community interest company allowed to offer shares to the public? A community interest company (CIC) is a type of limited liability company formed specifically for the purpose of carrying on business for social purposes or to benefit a community. A CIC may be a private company limited by shares, a public company limited by shares or a private company limited by guarantee. It must comply with usual UK company law requirements, and is also subject to additional regulation to ensure that the CIC鈥檚 assets, income and profits are used in the interest of the
Can a non-visa national with entry clearance as a Skilled Worker travel to the UK before the start date on their visa and seek entry as a visitor? If so, can they remain in the UK and start working for the sponsor after the visa start date? Q&A: If an individual applies for a visa (eg a Skilled Worker visa) outside the UK, but travels into the UK as a visitor while the application is pending, will this have an impact on their pending visa application? states as follows: 鈥業f an applicant arrives at the UK border while a pending visa application (in this case, Skilled Worker) remains outstanding, they cannot be admitted to the UK via that pending route. Most commonly, the individual would be admitted as a visitor, for which they would require either a pre-existing visa or to be a non-visa national. They would of course have to satisfy all aspects of the visitor rules, notably the requirement that they intend to leave the UK on completion...
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The Department for Education (DfE) has released non-statutory guidance on the implementation of an experience-based route for early years staff. This new pathway, set to come into force on 3 March 2025, will enable suitable and experienced staff without full and relevant qualifications to be included in staff: child ratios at level 3, following a period of supervised practice. The guidance, published ahead of the statutory instrument, outlines the recommended approach for early years providers interested in utilising this route. It includes an initial and final check form for assessments and record-keeping. The DfE emphasises that while not yet law, this early publication aims to give providers and practitioners time to familiarise themselves with the process. DfE has also concluded its consultation on a proposed experience-based route for early years practitioners. The consultation, which ran from 22 April to 20 May 2024, sought feedback on a new pathway allowing experienced early years staff to gain approved status to work within staff to child ratios at level 3. This initiative, first...
Law360, The government confirmed on 23 January 2025 that it will close a controversial loophole that has resulted in new retirees being overtaxed to the tune of 拢1.3bn over the past decade.
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