Sanction Definition

GLOSSARY

Published by a ��˾��ҹ�� Dispute Resolution expert

What does Sanction mean?

An adverse consequence to a party of failing to comply with a rule, practice direction or court order.

Relief from sanction must be sought under CPR Rule 3.9, unless the sanction is a costs order; in that case, relief is only available through appealing against the costs order (CPR 3.8(2)).

In an employment context, sanction can also mean a punishment imposed on an employee as a result of unsatisfactory performance or misconduct. Such sanctions may include dismissal or actions short of dismissal, such as loss of pay or demotion.

View the related checklists about Sanction

Special resolutions and other resolutions requiring 75 per cent member approval under the Companies Act 2006—checklist

Special resolutions and other resolutions requiring 75 per cent member approval under the Companies Act 2006—checklist Special resolutions The Companies Act 2006 (CA 2006) sets out certain matters that must be passed by the members (or by a class of members) of a company as a special resolution (ie by a majority of not less than 75%) or by the holders of at least 75% of shares or of a class of shares. If a written resolution is to be passed as a special resolution, to be effectively passed as a special resolution, it must state that the resolution was proposed as a a special resolution. See Practice Notes: Member resolutions and Written resolutions for more details about shareholder resolutions and written resolutions. Note that: • anything done by ordinary resolution may also be done by special resolution, and • in addition to complying with the requirements of CA 2006, it may be necessary to comply with the requirements of any shareholders' agreement (or other governing document) as...

Indicative timetable for a Part 26A restructuring plan

Indicative timetable for a Part 26A restructuring plan Practice Statement (Companies: Schemes of Arrangement under Part 26 and Part 26A of the Companies Act 2006) (Practice Statement 2020) requires a company proposing a restructuring plan with creditors to take all steps reasonably open to it to notify any person affected by the plan that it is being promoted, the purpose which the plan is designed to achieve, the meetings of creditors which the applicant considers will be required and their composition, unless there are good reasons for not doing so. This is usually done by sending out a letter to creditors (a practice statement letter) in advance of the convening hearing. What is adequate notice of the convening hearing will depend on all the circumstances (Practice Statement 2020, para 7) and is intensively fact-dependent (see Re PizzaExpress (convening)). In practice, the amount of notice which must be given is likely to depend on: • the involvement of the creditors/members before the plan is launched (ie if they have been...

General Optical Council—fitness to practise proceedings

General Optical Council—fitness to practise proceedings Who is the General Optical Council (GOC) The General Optical Council (GOC) is a body corporate created by the Opticians Act 1989 (OA 1989) to have the general function of promoting high standards of professional education, conduct and performance with an over-arching objective of the protection of the public. The GOC role is to protect, promote and maintain: • the health, safety and well-being of the public • public confidence in the professions they regulate • professional standards and conduct for Registrants and prospective Registrants, and • proper standards and conduct for business Registrants This Practice Note provides a guide to GOC fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. In this Practice Note a ‘Registrant’ is: • a registered Optometrist • dispensing Optician • student Optometrists, or • a Registered Business This Practice Note should be read in conjunction with Practice Notes: Common principles in fitness to practise...

The Gambling Commission—compliance and enforcement powers

The Gambling Commission—compliance and enforcement powers Gambling Commission investigations The Gambling Commission (GC) regulates the commercial gambling industry in Great Britain. The GC published a policy statement on Licensing, compliance and enforcement under the Gambling Act 2005 which sets out the GC’s regulatory policies in relation to carrying out compliance activities. The policy is regularly updated and was updated on 21 January 2022. In carrying out its functions, the GC is under a duty to pursue and have regard to the licensing objectives set out in section 1 of the Gambling Act 2005 (GA 2005): • preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime • ensuring that gambling is conducted in a fair and open way, and • protecting children and other vulnerable persons from being harmed or exploited by gambling Where concerns have been raised about a licensee, the GC may commence an investigation. Where appropriate, in certain specific cases, the GC...

Discover our 1164 Practice Notes on Sanction

Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

Draft letter to employer client on conducting a performance and capability procedure

Draft letter to employer client on conducting a performance and capability procedure Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter if advising about a specific employee on particular facts. If the employer has its own performance and capability procedure (or disciplinary procedure covering poor performance) you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any time limits set out in the procedure. You may find that the employer’s own procedure provides for more warnings to be given or other steps to be taken. It is assumed in this letter that the review periods for performance will be shorter than the length of any warnings given. [name and address of client] Dear [name] Performance and capability procedure I am writing to set out my advice on how to conduct a performance and capability procedure for an under-performing employee. The main legal risk...

Dive into our 174 Precedents related to Sanction

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued?

Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued? Practice Note: Biometric Immigration Documents confirms that: ‘An application for a replacement BRP must be made if the original BID is lost, stolen or damaged, if they are a child and their BID has expired ahead of their leave, or if they have ILR and their BID has expired. The application in such circumstances is made on form BRP(RC).’ The requirement to apply for a replacement BRP derives from the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, reg 19. This states (our emphasis): ‘19 (1) A person who has been issued with a biometric immigration document under regulation 13(1), 13A(1) or 13B(1) is required to apply for a replacement biometric immigration document where his original document— (a) has been cancelled under paragraphs (a)...

See the 234 Q&As about Sanction

FCDO publishes report on sanctions imposed against Russian shadow fleet

The Foreign, Commonwealth and Development Office (FCDO) has published a report on additional sanctions imposed against Putin's shadow fleet of oil tankers. The report sates that an additional of 18 shadow fleet ships will be restricted from entering UK ports and will be unable to use world-class British maritime services. This brings the number of oil tankers sanctioned to 43. The report states that this is the largest sanction taken against Putin's shadow fleet. The report further states that UK is sanctioning four other LNG carriers and Rusgazdobycha JSC, a Russian gas company, together with the action against the shadow fleet.

Property Disputes weekly highlights—17 October 2024

This week's edition of Property Disputes weekly highlights includes: progress of the Renters’ Rights Bill including a call for evidence, High Court decisions on restructuring plans, the requirements for a successful proprietary estoppel claim, injunctions to restrain anticipated protests at airports, and the legal test for quia timet injunctive relief.

Read the latest 2404 News articles on Sanction

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Case studies

"It gives us a really broad coverage of the law, as well as the specialist areas we have to deal with: contracting, procurement, employment law, governance. I've found some fairly obscure case law on LexisLibrary, very quickly."

Walsall Council

Access all documents on Sanction

GET ACCESS NOW

Top

Trial

��˾��ҹ��

GLOSSARY