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Checklist—road traffic accident defences

Checklist—road traffic accident defences Defence Principle Further reading Contributory negligence Where the defendant is primarily responsible for the accident, they may allege the other party was guilty of contributing to the accident. The issues to consider are:—which parties were at fault in the accident?—in what proportion should the damages be apportioned having regard to the respective responsibilities of those at fault? Practice Note: Contributory negligence in personal injury claims Contributory negligence for failure to wear a seat belt As a general principle:25% deduction to damages—if wearing a seat belt would have prevented the injuries sustained15% deduction to damages—if wearing a seat belt would have made a considerable difference to the injuries sustained0% deduction to damages—if wearing a seat belt would not have made any difference to the injuries sustained Practice Note: Defences in road traffic accidents Contributory negligence for failure to wear a motorcycle crash helmet Leading case law has suggested:15% deduction to damages—if wearing a helmet would have resulted in less severe injuries10% deduction to damages—where the claimant...

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Criminal act or omission

Generally, for a person to be found guilty of a criminal offence, it must be shown that they:•acted in a particular way which is prohibited,•failed to act in a particular way (omission), or•brought about a state of affairs•and had the required mental element or mens rea at the time of the carrying out of the criminal actFor information on the required mental element, see: State of mind—overview.However, some offences, mostly statutory based, create strict liability where it is not necessary for the prosecution to prove any mental element or fault. See Practice Note: Strict liability.Actus reusThe criminal conduct or criminal act of an offence is also known as the actus reus and this behavioural element is the essential characteristic of any offence. Some offences require that the conduct cause a particular outcome while others simply require that the conduct take place and the consequent result of the conduct is immaterial.Every crime has specified elements, prescribed by common law or by statutory definition of the offence, which together make up its actus reus. These are...

Offences relating to change in control of UK authorised persons

Offences relating to change in control of UK authorised persons Change in control of authorised persons Part XII of the Financial Services and Markets Act 2000 (FSMA 2000) requires individuals or corporate bodies wishing to acquire or increase control in a UK authorised firm to seek prior approval from the Financial Conduct Authority (FCA) or the Prudential Regulation Authority (PRA). An existing controller must also notify the FCA or PRA when decreasing or ceasing control in a firm. SUP 11 in the FCA Handbook and the Change in Control Part of the PRA Rulebook give full details of the thresholds and requirements. Notifications for acquiring or increasing control are known as section 178 notifications and should be submitted to the FCA or the PRA as soon as a decision is made to acquire or increase control. Prior approval from the appropriate regulator is needed before there is any acquisition or increase in control. For further information on the change of control regime, see Practice Notes: • FSMA...

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Policy—regulatory references

Policy—regulatory references 1 Introduction 1.1 The Financial Conduct Authority (FCA) and the Prudential Regulation authority (PRA) (together the Regulators) require firms that are authorised by the Regulators (and subject to the Senior Managers and Certification Regime (SM&CR)) to request regulatory references if they are considering:. 1.1.1 permitting or appointing someone to perform a senior management function; 1.1.2 issuing a certificate under the certification regime; and/or 1.1.3 appointing a non-executive board director. 1.2 These regulatory references are designed to assist prospective employers to assess whether an individual applying for an applicable regulated function is fit and proper to hold that role. 1.3 To enable a prospective employer to assess the fitness and propriety of a candidate for a regulated function, organisations that fall within the SM&CR must provide upon request a regulatory reference that covers the individual for the preceding six years (and, in certain circumstances, longer). It is essential that we comply with our regulatory obligations in obtaining and in responding to such requests, as the failure to...

Policy and procedure—sickness and attendance (short form)

Policy and procedure—sickness and attendance (short form) 1 Policy 1.1 We are committed to ensuring that our employees attend work whenever they are fit for work. However, we also recognises that people do become ill and, where this is the case, will, through consultation with you and medical advisers when appropriate, manage such absence with the ultimate aim of getting you back to work as soon as possible, with appropriate and reasonable assistance from us to achieve that aim. This policy sets out the expected steps in managing sickness and attendance but we may use a different procedure or take additional steps as required in individual cases. 1.2 Certain parts of this policy are contractual requirements with which you must comply. This policy is not otherwise contractual, does not form part of any employee’s contract of employment and we may amend it at any time. 1.3 This policy applies to all employees and workers except agency workers, consultants, self-employed contractors[, volunteers] [, interns] and casual workers....

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What is a cut-throat defence in criminal proceedings?

What is a cut-throat defence in criminal proceedings? When one defendant in a criminal trial seeks to advance a defence case to the effect that the perpetrator of a criminal act was their co-accused (ie blaming their co-accused), this is called cutting their co-accused’s throat, or a ‘cut throat defence’. It is most often relied on when there is clear evidence to place before the magistrates’ or jury that an offence has been committed and where there was an opportunity for two or more people to commit the offence. By advancing a defence that the other person was in fact the culpable party, the defendant is seeking to distance themselves from the offending and absolve themselves of responsibility for the crime itself, notwithstanding that they may accept a hand in some or all of the conduct forming the actus reus of the offence. Cut-throat defences are notoriously difficult to run successfully and often cause collateral damage to those who advance them. In practice, they require...

In the case of an intestate estate where a husband murdered his wife, how will the rule of forfeiture apply to sever a joint tenancy?

In the case of an intestate estate where a husband murdered his wife, how will the rule of forfeiture apply to sever a joint tenancy? We refer you to Practice Note: Forfeiture rule, which explains the forfeiture rule, its application and the circumstances in which it may be modified. The forfeiture rule is a rule of public policy, which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing. It doesn’t matter whether the benefit is acquired by Will or through intestacy. Where a donee is proved to be guilty of the murder or manslaughter of the testator or of any other serious criminal act that resulted in the death of the testator in England and Wales, the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (EDP(FRLS)A 2011) will apply. EDP(FRLS)A 2011 only applies to deaths after 31 January 2012. Prior to this, the Forfeiture Act 1982 applied. EDP(FRLS)A 2011 provides that,...

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AAA asked to improve internal award review process

Law360: The American Arbitration Association (AAA) allows arbitral awards to go unchecked because the AAA operates without any formal audit mechanism, a disgruntled T-Mobile USA Inc customer told a Florida federal judge as he disputes an arbitral award favouring the company.

PI & Clinical Negligence weekly highlights—2 June 2022

This week’s edition of PI & Clinical Negligence weekly highlights includes an analysis of the Health and Care Act 2022 and the key provisions for clinical negligence practitioners. We also include the news that the amendments to the CPR requiring defendant solicitors to use the Damages Claims Portal will no longer come into force on 2 June 2022. We also have our usual round-up of key cases and news and New Law Journal articles of interest.