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An attempt may be prosecuted where the defendant has taken steps towards to committing an indictable offence, and those steps are more than merely preparatory to the commission of the offence.
The Criminal Attempts Act 1981 (CAA 1981), s 1 provides that a person is guilty of an attempt under a special statutory provision if, with intent to commit the relevant full offence, he does an act which is more than merely preparatory to the commission of that offence; and a person may be guilty of an attempt under a special statutory provision even though the facts are such that the commission of the relevant full offence is impossible. CAA 1981, s 3 of that Act notes that is a special regime and CAA 1981, s 6 confirms the offence of attempt at common law and any offence at common law of procuring materials for crime is abolished.
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Checklist and timeline for a trustee in bankruptcy's possession and sale application in respect of a bankrupt's property Assistance with the checklist This summary checklist and timeline assumes that the trustee in bankruptcy (trustee) is in a position to issue an application to court seeking an order for the possession and sale of a property in which the bankrupt formerly had an interest that now vests in the trustee under section 306 of the Insolvency Act 1986 (IA 1986). It further assumes that the trustee has written to the owners of the property to attempt to realise their interest in the property without needing to make an application to court, and that it is the right time to make the application. Where the property is of a kind that falls within the scope of IA 1986, s 283A(1), then unless a trustee takes certain steps prior to the third anniversary of the making of the bankruptcy order, which includes applying to court for a possession and sale order, the trustee's...
Landlord steps to take if tenant becomes insolvent—checklist This Checklist covers issues that a landlord should consider in the event of tenant insolvency, including the remedies available to the landlord such as Commercial Rent Arrears Recovery (CRAR), forfeiture, drawing down on a rent deposit, and pursuing former tenants, guarantors and sub-tenants. It also covers practical points for a landlord to consider in relation to securing and marketing the property and contacting the insolvency practitioner. What type of insolvency scenario applies to the tenant? Dependent on the type of insolvency arrangement that applies, there are different remedies available to the landlord and different restrictions will apply. For a table summarising the restrictions, see Practice Note: Quick guide to property insolvency—Insolvency of a tenant. Has contact been made with the insolvency practitioner? It is important to contact the relevant insolvency practitioner to assess the position the tenant is in and what, if any, chance there is of any debts being repaid, future rents being secured or the tenant recovering from the insolvency...
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Choosing a termination right—flowchart This Flowchart illustrates the issues to be considered when choosing a method for termination of a commercial contract. It covers rights to terminate at common law for repudiatory breach and contractual rights to terminate, contract breach and no fault termination scenarios. It is important to remember that rights to terminate a contract may arise at common law (for example, in the event of repudiatory breach) and under the express terms of the contract. Where an agreement is silent as to contract termination, in the event of a dispute, the courts will apply common law principles. To avoid uncertainty, parties often include express contractual clauses which provide for the termination of a contract. In general, contractual rights to terminate are in addition to, and not in substitution for, common law rights (unless common law termination rights are successfully excluded by express terms). Termination should not be attempted without fully understanding the different options available to a party and the consequences of attempting to terminate. Where more than one right to terminate is available, carefully consider
LTA 1954 unopposed lease renewal procedure—flowchart A business lease automatically continues after the expiry of the contractual term if the tenant remains in occupation for business purposes under the Landlord and Tenant Act 1954 (LTA 1954). The statutory rights under the existing lease may be terminated by either party serving one of the statutory notices of termination. This flowchart sets out the procedure for an LTA 1954 unopposed business lease renewal. For the LTA 1954 opposed business lease renewal procedure, see: LTA 1954 opposed lease renewal procedure—flowchart. For more information regarding LTA 1954 security of tenure and the court procedure, see Practice Notes: LTA 1954 business lease renewal—proceedings and LTA 1954 business lease renewal—termination. Note 1 Diarise a date at least 12–18 months in advance of the contractual expiry date of the current lease. See Practice Note: LTA 1954 business lease renewal—termination. Note 2 Information must be provided within one month of service of notice. A party has a duty to correct any information supplied for six months...
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A person is guilty of attempting to commit an offence if they do an act that is more than preparatory to the commission of the offence, with the intention of committing an offence. An attempt is an offence of specific intent. It requires an intention to commit an offence. The offence itself consists of both a criminal act and a mental state. In each case it is a question of fact whether the accused has gone sufficiently far towards the full offence to have committed the act of the attempt. If the accused has passed the preparatory stage the offence of attempt has been committed and it is no defence that they then withdrew from committing the completed offence.Most attempts at committing criminal offences will be governed by section 1 of the Criminal Attempts Act 1981 (CAA 1981), although some statutory exceptions apply. These include:•burglary under section 9(1)(b) of the Theft Act 1968 (TA 1968), and•using a firearm to resist arrest under section 17 of the Firearms Act 1968 (FiA...
Preparing for the auditors—in-house lawyers One of the key dates in your organisation’s calendar is the date of the annual audit. An important part of the auditors’ role is to ensure that your organisation’s processes are fit for purpose. Central to that is your organisation’s approach to legal matters and legal risk. As an in-house lawyer, you need to prepare for the auditors’ visit because inevitably they will want to meet with you. While each audit firm has its own standard set of questions for in-house lawyers, the questions tend to follow certain themes, eg: • your risk register • litigation • applicable law and regulation • contracts • intellectual property (IP) • legal work process • your knowledge and experience Since joining your organisation, you have hopefully had the opportunity to meet with the key directors and heads of function. Those meetings will have given you the opportunity to find out more about many of the issues the auditors will be interested in. See Practice...
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LTIP—restricted award certificate [insert name of company who granted the award pursuant to the long term incentive plan (LTIP)] (Company) [insert name of LTIP] (Plan) Name Number of Shares under Award Date of Grant Normal Vesting date[, subject to satisfaction of Performance Targets] End of Holding Period This is to certify that you are the holder of a Restricted Award to acquire up to the maximum number of Shares in [insert name of Company whose shares are being granted under award] as stated in the table above. The Restricted Award was granted on the Date of Grant stated above under a global deed of grant executed by the Company [and is subject to the Performance Target(s) attached to this certificate]. The Restricted Award was granted under, and is subject to, the Rules of the Plan. The RULES REQUIRE YOU TO sign A PARTICIPANT AGREEMENT within [30] Days of the grant of the award IN ORDER TO CONFIRM YOUR ACCEPTANCE OF...
Cross-border protocol for insolvencies or restructurings This Agreement is made [insert day and month] 20 [insert year] Parties 1 [insert name of insolvency representative] in their capacity as [insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner]Â of [insert name of company(ies) appointed over] in [insert name of country A] appointed by a decision of the [insert name of court or administrative or governmental or regulatory body appointing them] dated [insert date]; and 2 [insert name of insolvency representative] in their capacity as [insert capacity eg liquidator or administrator or trustee or custodian or supervisor or curator or examiner]Â of [insert name of company(ies) appointed over] in [insert name of country B] appointed by a decision of the [insert name of court or administrative or governmental or regulatory body appointing them] dated [insert date]; together referred to as the Insolvency Representatives; and 3 [insert name of debtor company(ies)] a company incorporated in [insert country] under number [insert registered number] whose ...
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Where a contract states that an invoice is to be raised on the last day of the month and paid 30 days following the date of receipt of the invoice, what would be the due date for payment of an invoice raised and received before the end of the month? Would it be 30 days from the date of receipt of the invoice or 30 days from the end of the month? Unfortunately, we have been unable to find authority on the specific point raised in this Q&A. Terms of the contract It is first necessary to determine the parties’ respective rights and obligations under the contract. Investors Compensation Scheme v West Bromwich Building Society sets out the five principles of contractual interpretation which were later summarised in BCCI v Ali as: ‘To ascertain the intention of the parties the court reads the terms of the contract as a whole, giving the words used their natural and ordinary meaning in the context of the agreement, the parties’...
In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination payment is payable regardless of the reason for termination, even in the event of the repudiatory breach of the supplier. In answering this question, it has been assumed that you are referring to a standard form B2B contract. It is important to note that the Unfair Contract Terms Act 1977 (UCTA 1977) does not apply to international supply contracts. Hence, for the purposes of this answer, it has been assumed that the contract is not of this nature. Challenge on basis of whether such payment is a penalty Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular term or several terms. Where they do so, whether such a clause will be enforceable will depend on whether the courts construe it as: • a liquidated damages clause (enforceable), or • a penalty...
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Pensions analysis: The Pensions Ombudsman has upheld a complaint about the investment of pension scheme assets. Martin Scott of gunnercooke LLP looks at the decision.
Law360, London: Sony and Apple will challenge the validity of widely used litigation-financing agreements at the Court of Appeal on 10 June 2025 against the backdrop of an influential report calling for legislation to urgently reverse a landmark ruling that shook the funding industry.
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