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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...

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Recognised psychiatric illness

The general rule—no compensation for mental distress without recognised psychiatric illnessIt is common for accident victims to suffer considerable distress as a result of their accident or injury, particularly if the accident itself was very serious or if a fatality occurred. Generally speaking, such distress will not entitle them to bring a claim for psychiatric injury as a separate head of loss unless that injury amounts to a recognised psychiatric illness.As such, whether or not a claimant has suffered a recognised psychiatric injury is a particularly important issue.There are two benefits to resolving this question quickly: firstly, it allows the claim to proceed on the correct basis and the claimant to be compensated in full; and secondly, it means that the rehabilitation code can be used to help a claimant who will benefit medically from psychological or psychiatric intervention to receive it as soon as possible.For further information on the most recent Rehabilitation Code, see Practice Note: Rehabilitation Code 2015.The different factual situations where a claim for psychiatric injury or...

Psychiatric injury—other legal relationships

Pre-existing legal relationshipsSometimes psychiatric injury will occur in circumstances where there is a pre-existing legal relationship between the claimant and the defendant. There will be occasions when the nature of that relationship is such that it imposes a duty on the defendant to take reasonable care not to inflict psychiatric injury. For example:•occupational stress cases: these provide perhaps the most obvious examples of the operation of a pre-existing legal duty not to cause ‘pure’ psychiatric harm. See Practice Notes: Occupational stress—introduction and Occupational stress—establishing liability•health authority cases in which there is a liability for communication of distressing news: in such cases there is an established relationship between the parties. It may be foreseeable that the negligent provision of inaccurate information, or even insensitive communication of accurate information, might cause psychiatric injury. For example:◦a claimant suffered post-traumatic stress disorder after being told, wrongly, that his baby had died (it is noteworthy, though, that the judge’s reasoning in this case was that the claimant was entitled to recover as a primary victim)◦a...

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Draft particulars of claim child abuse (Pre-Children Act)

Draft particulars of claim child abuse (Pre-Children Act) IN THE HIGH COURT OF JUSTICE [[SPECIFY DIVISION]] [[INSERT LOCATION] DISTRICT REGISTRY] Between X        Claimant - and - Y        Defendant Introduction 1 The Defendant was at all relevant times a statutory body whose duties included the duty to provide proper social services functions pursuant to Section 2 of and Schedule 1 of the Local Authorities Social Services Act 1970. 2 In the course of providing social services functions the Defendant had a duty to take into care children living in the area of [insert area] and who were in need of being safeguarded. The duties of the Defendant in respect of children who were thought to be at risk of harm were defined by Section 2 of the Children and Young Persons Act 1969. 3 This section provided that the local authority which received information that suggested that there were grounds of bringing care proceedings in respect of a child should make enquiries unless it was satisfied that such enquiries...

Loan note instrument—takeover—loan note alternative

Loan note instrument—takeover—loan note alternative This Loan Note Instrument is made on [insert day and month] 20[insert year] by 1 [insert name of offeror], incorporated in England and Wales under number [insert company number] whose registered office is at [insert address] (Company) Background (A) In order to facilitate a takeover offer for [offeree PLC] (the Offeree), the Company offered Offeree shareholders the opportunity to elect to receive loan notes of the Company as an alternative to receiving [cash AND/OR [and ]new Company shares] as consideration for the sale of their shares in the Offeree to the Company (the Loan Note Alternative). (B) The offer terms are contained in [an offer document OR a scheme document] published by the Company on [date] 20[year] (the [Offer OR Scheme] Document) which sets out, inter alia, a summary of the principal terms of the loan notes proposed to be issued pursuant to the Loan Note Alternative. (C) The Company has by resolution of its directors...

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Will a director of a private company with Table A articles automatically be removed as a director on his incapacity? What happens if there are only two directors?

Will a director of a private company with Table A articles automatically be removed as a director on his incapacity? What happens if there are only two directors? It is assumed that the company is a private company limited by shares which adopted Table A in its entirety (ie, without modification) as its articles of association. The Companies Act 2006 (CA 2006) provides that a private company limited by shares must have at least one director who is a natural person (ie, an individual) (CA 2006, ss 154–155). Table A: Butterworths Company Law Handbook [A2] provides that, unless otherwise determined by ordinary resolution, the number of directors shall not be subject to any maximum but shall be not less than two (Regulation 64). Accordingly, if there is only one director, it may be necessary to appoint an additional director or pass an ordinary resolution to modify Regulation 64. Table A, Regulations 78 and 79 provide that the company or the directors may appoint a person as...

Can a personal guarantee be executed by a person acting under a power of attorney?

Can a personal guarantee be executed by a person acting under a power of attorney? We do not have a specific article on this Q&A. However, we direct you to: About this title—authors, overview: Encyclopaedia of Forms and Precedents, which gives a useful and general introduction to guarantees and indemnities as well as a comprehensive collection of forms and precedents both of a commercial and personal nature. With particular reference to this Q&A, there may be different considerations whether you are dealing with the giver or taker of the guarantee. Patently in the case of the taker the capacity of the giver will be of prime importance. In respect of capacity, the commentaries: Capacity to contract: Encyclopaedia of Forms and Precedents [32] and Liability of person suffering from a mental disorder under a guarantee: Encyclopaedia of Forms and Precedents [34] from the Encyclopaedia of Forms and Precedents may be of assistance. We assume for the purposes of answering this Q&A that the donor has lost capacity and the attorney is...

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Private Client weekly highlights—19 December 2024

This week’s edition of Private Client highlights includes: (1) HMRC updates form IHT100f; (2) Knight v Barnsley, which held that the Court of Protection did have jurisdiction to determine a dispute over a claimant’s deputy’s release from reverse indemnity undertakings; (3) Manolete Partners Plc v White, in which the Court of Appeal held that occupation pension benefits are generally inalienable; (4) Hannah v Revenue and Customs Commissioners, where the First Tier Tribunal (Tax) permitted the amendment of grounds of appeal to include ground that the transfer of assets abroad regime is incompatible with EU law; (5) Hirachand v Hirachand, a decision of the Supreme Court which makes it clear that success fees cannot be included in awards for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975; and (6) the Chancellor has confirmed that the Spring Forecast will take place on 26 March 2025.

Will set aside for lack of testamentary capacity and undue influence (Oliver v Oliver)

Private Client analysis: William Oliver died on 25 May 2018, at the age of 86 years. He was a widower, with five surviving children. The claimant, Jane, was his youngest daughter. She sought to set aside his last Will made in 2015 on the grounds that—a) it did not comply with the formalities to make a Will (see section 9 of the Wills Act 1837); and b) William lacked testamentary capacity when he made that Will; or c) the Will was procured by undue influence. The defendant, Rodney, was William's eldest surviving son and sole beneficiary of the 2015 will. He did not engage with the court process and refused to produce the original of William's penultimate Will, made in 2009. The claim was successful on the ground that William lacked testamentary capacity in 2015. The court also found that the Will was invalid on the ground of undue influence. Written by Alexandra Rogers, managing associate at Foot Anstey LLP.