Minor Definition

GLOSSARY

What does Minor mean?

A person who is under the age of eighteen.

A minor usually requires a litigation friend to pursue a legal action. Any settlement or award of damages made to a minor is subject to court approval.

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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...

Responding to a freezing injunction—checklist

Responding to a freezing injunction—checklist This Checklist provides a suggested approach for dealing with and responding to a freezing injunction. It is intended as a starting point, listing various key matters which you should consider when preparing your client’s response. It is assumed that: • the freezing injunction was granted pre-action and without notice, and • your client is the defendant in the underlying substantive claim For further guidance on freezing injunctions generally, see Practice Notes: • Freezing injunctions—guiding principles • Freezing injunctions—the application • Freezing injunctions—the draft order Ensuring you have all the necessary documentation The applicant should have provided the following documentation (at the very least): • the application notice • the affidavit(s) in support • the sealed order • a transcript of the hearing • the skeleton argument (if one was used at the hearing) If any of the above documents are missing, ask the applicant’s solicitors for them as a matter of urgency. You will need all of the documents relied upon at the without notice...

Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

EU GDPR—personal data breach notification—flowchart

EU GDPR—personal data breach notification—flowchart The EU’s 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: • a summary of the overarching obligations • key guidance • types of personal data breaches • the flowchart of notification requirements • general examples of personal data breaches and who to notify • detailed examples of personal data breaches and who to notify The EU GDPR includes the following definition of a personal data breach: ‘…a 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.’ Overarching obligations In summary, among other things, the EU GDPR provides that: • data processors must notify the data controller without undue delay after becoming aware of a personal data breach • unless the personal data breach is unlikely to result in a risk to the rights...

Claims on behalf of children—an introduction

A child is any person under the age of 18.There are important procedural issues that practitioners must consider in claims involving children. CPR 21 contain the main provisions.If a child is involved in a claim they will usually be the claimant bringing the claim but claims may occasionally be brought against children.Litigation friendsRequirement for a litigation friendIn civil proceedings a child must have a litigation friend to conduct the proceedings on their behalf (unless the court directs otherwise).The only steps that can be taken (without the court’s permission) before the child has a litigation friend are:•issuing and serving a claim form•applying for the appointment of a litigation friendUnless the court orders otherwise, a person may not, without the permission of the court, make an application against a child before proceedings have started, or take any step in proceedings except issuing and serving a claim form or applying for the appointment of a litigation friend, until a litigation friend has been appointed. This includes any application for default judgment—see Practice Notes:...

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��泦��—p�ǲ��-��Գ� Lexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note takes you through each stage of the post-assessment process. Processing final report Shortly after your assessment (normally two to three days), your assessor will email you the final report. This will document minor and/or major non-compliances, any areas of improvement and good practice. A copy of this report will also be sent to the Law Society panel. On receiving the final report you may wish to: • formulate a post assessment action plan which documents key points and non-compliances that need to be rectified—see Precedent: ��泦��—p�ǲ��-��Գ� action plan • email heads of departments and the management team with summary of the final report, highlighting any minor/major non-compliances and any areas for improvement—see Precedent: Lexcel post-assessment email to relevant HODs and management team • email all staff with...

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Transition schedule

Transition schedule Schedule—Transition 1 Introduction 1.1 This Schedule describes how the Services will be transferred from the Customer to the Supplier on or before the scheduled Service Commencement Date . 1.2 It sets out the responsibilities of each party, management and reporting processes and the consequences of any delays or failures in the delivery of the Transition activities. 2 Transition 2.1 From the Effective Date, the Supplier shall: 2.1.1 begin Transition of the Services in accordance with the Transition Plan contained in the Annex to this Schedule; 2.1.2 ensure that each Milestone is completed on or before the Milestone Date; and 2.1.3 take any other action or perform any other services that are necessary to ensure that the Services are ready to be provided on or before the Service Commencement Date notwithstanding that such actions or services may not be expressly set out in the Transition Plan. 2.2 The Supplier shall be responsible for the overall management of Transition and shall identify and resolve, or assist the Customer in the...

Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project)

Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project) This Precedent requires contracting carriers to use energy efficient vehicles for any road carriage under a transport agreement, or otherwise specify that a percentage of road journeys will use green HGVs. These sustainability clauses were produced by The Chancery Lane Project (TCLP) as ‘Greener and More Efficient HGVs in Road and Multimodal Transport Agreements’ and are reproduced with permission (and with some minor editorial changes). TCLP is the code name for the focused and collaborative effort of lawyers from around the world to develop new contracts and model laws to help fight climate change. For more information, see: chancerylaneproject.org. ��˾��ҹ��® is proud to support the work of TCLP. Definitions Alternative Fuel • means fuel or power sources which serve, at least partly, as a substitute for fossil fuel sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and reduce the Carbon Footprint and includes but is not...

Dive into our 304 Precedents related to Minor

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context?

How is it possible to ascertain the going rate for jobs in SOC code 6141, in relation to a skilled worker application, where the employer is a non-NHS employer? How could the Home Office take action against a sponsor employer if it erred in this context? As confirmed in the Practice Note: Sponsoring a Skilled Worker, under Immigration Rules, Appendix Skilled Worker, para SW 13.2 (Eligible health and education occupation codes; Option F), a person whose role falls into Table 2 of Appendix Skilled Occupations will be eligible for sponsorship under the Skilled Worker route where they will be paid a salary which equals or exceeds both £20,480 per year and the going rate for the occupation code (providing they are otherwise eligible). Table 2 of Immigration Rules, Appendix Skilled Occupations provides going rates for eligible health and education occupation codes where rates are based on national pay scales. SOC code 6141 (Nursing auxiliaries and assistants) contains the following example job roles: • auxiliary nurse • health care assistant (hospital...

Can the name of a minor be changed by an unenrolled change of name deed or is it necessary to use the formal deed poll process?

Can the name of a minor be changed by an unenrolled change of name deed or is it necessary to use the formal deed poll process? Where the parents of a child do not agree on whether a child’s name should be changed, in the absence of a child arrangements order specifying with whom a child is to live, an application to change a child's surname should be made under section 8 of the Children Act 1989 (ChA 1989) for a specific issue order or a prohibited steps order. Pursuant to ChA 1989, s 1(1) the child's welfare is the paramount consideration in such applications. In ChA 1989, s 8 applications the welfare checklist at ChA 1989, s 1(3) is applicable. Where there is a child arrangements order regulating living arrangements in place, applications for change of surname should be made by way of a freestanding application for permission under ChA 1989, s 13(1)(a). For further information about applications to change a child’s name and the factors that the court...

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PI & Clinical Negligence weekly highlights—12 December 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court case which looked at the use of intermediaries to assist vulnerable parties in personal injury claims. We also consider a Court of Appeal decision which ruled that denying hire charges based solely on the lack of a valid MOT would be a disproportionate response to the relatively minor nature of that offence. We also include our usual roundup of other news, cases and New Law Journal articles of interest.

HMLR updates Land Charges and information services fees and five Practice Guides

HM Land Registry has updated its Land Charges and information services fees. In addition, HMLR has updated five practice guides: Practice Guide 10—Index map: official search, Practice Guide 27—The leasehold reform legislation, Practice Guide 28s1— Extension of leases: checklist for submitting an application to register the surrender and regrant of a leasehold estate, Practice Guide 73—Statements of truth, and Practice Guide 74—Searches of the index of proprietors’ names.

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