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A person directly intends those consequences which he desires to bring about by his acts, whether or not they will be likely to follow; a person obliquely intends those consequences which are virtually certain to result from his acts and which he knows are virtually certain so to result.
鈥淚ntention鈥 is an element of many criminal offences, but it does not have a consistent meaning. There is no difficulty in cases where the defendant desires or wants to bring about a consequence by his acts; in such a case he directly intends that consequence, and how likely it is to occur is irrelevant. Where, however, the defendant may not have desired the consequence but may have foreseen it as a by-product of his action, he may be found to have intended that consequence, but only (it appears) if that result was a virtually certain consequence of his acts and he knew this to be so.
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Key issues to consider on receipt of an adjudicator鈥檚 decision鈥攃hecklist Produced in association with 4 Pump Court This Checklist sets out the main issues you need to consider on receiving an adjudicator鈥檚 decision. The main issues There are really three main issues that should be considered at the outset: 鈥 are there any errors in the decision that might be corrected under the slip rule? 鈥 is the result enforceable? 鈥 is the result acceptable or is a final determination needed and, if so, can this be done by Part 8 proceedings? Enforceability Issues It is important to consider whether the decision is enforceable, or whether it may be challenged. Note that there are limited grounds for challenging an adjudicator鈥檚 decision鈥攕ee Practice Note: Resisting enforcement of an adjudication decision. Consideration Assistance Has the decision been delivered within the permitted time? See Practice Notes: Adjudication decision and The adjudicator's powers, directions and duties Has the adjudicator decided any matters for which they did not have jurisdiction? See Practice Note: The...
Bank Recovery and Resolution Directive (BRRD)鈥攖imeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive鈥攖imeline if they relate to the EU BRRD, or UK bank recovery and resolution regime鈥攖imeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)鈥攅ssentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...
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Intention refers to the outcome sought by the defendant. Offences may be described as either ones of 鈥榖asic intent鈥 or of 鈥榮pecific intent鈥. The Court of Appeal has described this distinction as 鈥榚lusive鈥. The Court nevertheless provided the following definition of specific intent:鈥楥rimes of specific intent are those where the offence requires proof of purpose or consequence, which are not confined to, but amongst which are included, those where the purpose goes beyond the actus reus (sometimes referred to as cases of 鈥渦lterior intent鈥).鈥橳he Court also approved the reasoning that:鈥榌A] distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.鈥橮ut simply, offences of specific intent require...
IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. The investigating officer is under a duty to investigate crime impartially and fairly and so evidence supporting a defence should be collected and retained in the same way as evidence of the offence. Some offences are subject to specific statutory defences but the general defences should be considered in every case.Strictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.Specific intentWhere an offence requires specific criminal intent, voluntary intoxication may be sufficient to show that the accused could not have formed the requisite intent to commit the offence. The specific criminal intent required is that of bringing about a particular consequence at the time of the criminal action. If the accused was so drunk that they could not form a specific intention to bring about a particular consequence, then they would have a defence...
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Letter serving application in Form A on mortgagee in financial proceedings [insert mortgagee name] [insert mortgagee address] Dear [insert organisation name] Our client: [insert client鈥檚 name] [Property OR Land] address: [insert address of property or land] [ [Property OR Land] title number: [insert title number]] Your reference: [insert reference number] We represent [insert client鈥檚 name] in divorce and financial proceedings. [client's name]鈥檚 [former] [husband OR wife], [insert name], [is represented by [insert name and address of other party鈥檚 solicitors] OR acts in person]. We understand that you have a charge secured against the above detailed [property OR land], which forms part of the matrimonial assets. We confirm that our client has instructed us to make an application to the court for a financial order, including for an order in relation to the [property OR land] detailed above. We enclose a copy of the
Board minutes鈥攑rivate M&A鈥攕hare purchase鈥攃ompletion鈥攖arget Company number: [insert company number] [insert company name] [LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert company name] [Limited OR PLC] (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company鈥檚 articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company鈥檚 articles of association] (by [insert other means]] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg the company secretary, any legal advisers)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [insert name] was appointed Chair of the Meeting. The Chair reported that due...
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How does the decision of Herefordshire Council v Rohde [2016] UKUT 39 (LC) clarify how a local authority's declaration as to whether a property is a house in multiple occupation (HMO) is challenged? Under section 255 of the Housing Act 2004 (HA 2004), a local authority (LA) is provided with a power to make a house in multiple occupation (HMO) order. The tests for establishing whether a property is a HMO or not is provided by HA 2004, s 254, however, where a property does not fulfil the tests contained within ss 254(2), 254(3), 254(4) or 254(5), then the LA retains a power to declare the property to be an HMO, provided they reasonably believe that the property has 'significant use' as an HMO (HA 2004, s260). For more information of the classification of HMOs, please see our Practice Note: Houses in multiple occupation (HMOs). The designation of a property as a HMO, as was the case in Herefordshire Council v Rohde [2016] UKUT 39 (LC) (Rohde), may be...
What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B? The nature of the legal relationships Its important to be clear on the nature of the legal relationships between each of supplier A, supplier B and customer C. It is stated that customer C and supplier A have a direct contractual relationship between them. It will be necessary to review the terms of that contract, in order to identify if the proposed course of action will be in breach of the specific terms of the agreement, or otherwise cause a conflict or ambiguity leading to a commercial risk. It is stated that 鈥楢 works with another nominated supplier B on our behalf鈥. 鈥極n our behalf鈥 indicates the possibility that supplier A may be acting in some capacity as an agent of C in its dealings with supplier B. Agency is a relationship under which...
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Property Disputes analysis: The High Court ruled that the European Convention on Human Rights (ECHR) was not breached by a landlord鈥檚 opposition to the grant of a new tenancy on ground (g) of section 30(1) of the Landlord and Tenant Act 1954 (LTA 1954). The judge rejected the tenant鈥檚 suggestion that the landlord鈥檚 intention to carry on 鈥榚ssentially the same business鈥 would have the result of appropriating to the landlord the tenant鈥檚 goodwill (which had become attached to the premises) in contravention of the tenant鈥檚 right to property under ECHR Article 1, Protocol 1鈥檚 human right to property. Written by Daniel Black, barrister at Falcon Chambers (junior counsel for MVL Properties (2017) Ltd鈥斺楳VL 2017鈥).
Construction analysis: On 5 March 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Construction Management Contract and Management Building Contract, alongside 2024 editions of Framework Agreement, Dispute Adjudication Board Documentation, Adjudication Agreement, and Project Bank Account Documentation. In this analysis, we focus on the Management Building Contract, and look at how it differs from its 2016 equivalent.
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