Caution meaning

This Checklist outlines the matters defence practitioners may wish to weigh up when guiding a corporate client about attending an interview under caution arising from suspected corporate criminal conduct in England and Wales. It should be considered alongside the Practice Notes: Interview under caution and Voluntary attendance at an interview under caution. Advising clients before an interview under caution When a corporate client is asked to attend an interview under caution: Make sure the client grasps what an interview under caution involves and the significance of the caution. Confirm the client appreciates their rights before and during any interview under caution under the Police and Criminal Evidence Act 1984 (PACE 1984) and PACE Code C. Explain what to expect at the interview under caution and the procedural steps the interviewing officer must take to meet PACE Code C. If the client forms part of a corporate group, verify the request for interview has been addressed to the correct legal entity...

Key reading for lawyers attending s 2 interviews The Serious Fraud Office (SFO) is empowered to compel interviews with persons thought to hold information pertinent to an investigation, by issuing a notice under section 2 of the Criminal Justice Act 1987 (section 2 interviews). For comprehensive guidance on this power and the practical issues it creates, refer to: Interviews under the Criminal Justice Act 1987, s 2 For additional resources relevant to attending interviews under caution and those conducted at the police station, see: Attendance at the police station—checklist Attendance at a corporate crime interview under caution—checklist As the Police and Criminal Evidence Act 1984 (PACE 1984) does not apply to s 2 interviews, there is therefore no statutory right for an interviewee to have legal representation. It is consequently vital that criminal practitioners are familiar with the SFO guidance for lawyers: section 2 interviews...

This Checklist Read this Checklist alongside the other Practice Notes mentioned below. Specifically, for voluntary interviews held under caution, consult Practice Note: Voluntary attendance at an interview under caution. A defence solicitor present at an interview under caution must be conversant with the Police and Criminal Evidence Act 1984 (PACE 1984) and associated PACE Codes of Practice. This Checklist relates to attendance at the police station in the context of general criminal investigations. Distinct rules and processes apply to certain alternative matters, including interviews carried out by the Financial Conduct Authority (FCA), Serious Fraud Office (SFO) or National Crime Agency (NCA)...

HMRC figures released on 31 July 2024 reveal that 2.6 million individuals have to date taken a flexible pension payment, with 43% aged under 60 and 28% aged 64 or below. Just Group reported that nearly two-thirds of the £83bn drawn via flexible payments since pension freedom rules were introduced in 2015 has been taken by those under 65. Stephen Lowe, group communications director at the retirement savings firm, warned that savers should handle withdrawals carefully and with caution...

In this issue: Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Email caution offers a rare glimpse into SFO record-keeping. Disclosures show a Serious Fraud Office (SFO) official urged investigators to avoid setting out case concerns in emails, highlighting how grinding disclosure disputes shaped the agency’s approach while it was under intense scrutiny over its evidence practices. See News Analysis: Email warning provides rare sight into SFO record-keeping... Bribery, corruption, sanctions and export controls FCDO issues guidance on consolidating UK sanctions lists by January...

Manolete Partners Plc v Howarth [2025] EWHC 2294 (Ch) What are the practical implications of this case? This judgment marks a significant victory for company directors and a sharp reminder to office‑holders and those pursuing claims on their behalf: contemporaneous records are paramount. The court condemned the failure to retain and produce meeting notes, emails and working papers, noting that gaps in the paper trail can justify adverse inferences. Insolvency practitioners should, therefore, keep meticulous files of the advice provided and the decisions taken. The court also affirmed that directors are entitled to place reliance on insolvency specialists’ guidance. Where a director behaves openly and follows the directions of a CVA supervisor, later accusations of preference or undervalue are harder to sustain. The evidential onus accordingly returns to the applicant, who must prove misconduct with cogent evidence. Further, the ruling indicates that salary‑for‑loan‑swap arrangements can be valid and commercially rational where structured to minimise PAYE/NIC and where they substitute, rather than add to, salary. Finally, the decision sounds a...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

This Practice Note reviews the abilities required to influence well and gives practical direction on how to practise your influencing skills. For additional insight into the value of influencing, and why and whom we need to influence, see Practice Note: What do we mean by influencing? Influencing tactics Influencing is a continuing journey rather than a single event, and it often calls for a mix of approaches. Below are tactics you can draw on in everyday work. Consider which you already employ and feel confident with, and which you might currently shy away from and could strengthen further. Legitimising and logical persuasion This frequently feels natural for lawyers. Here, you rely on your inherent authority as legal professionals and the standing that accompanies it to convey a legitimacy your colleagues can acknowledge. You can reinforce this by using logic or proof to support your stance. Evidence and facts, combined with your professional judgement, help you appeal to the other person’s sense of reason. A word of...

A codicil can be used to amend a Will: alter executors or modify gifts, by adding or removing. As a rule, major revisions are best done through a new Will; codicils suit minor tweaks, like replacing executors or adding a bequest. Yet, even slight adjustments via codicil risk creating uncertainty, so drafting demands caution. In particular, ‘as if’ revocation-style clauses are hazardous; as Megarry J observed in Re Lawrence’s Will Trusts, such wording is a dangerous tool because few draftsmen can anticipate every outcome of rigorously applying the hypothetical scenario it creates. Given that the words ‘as if’ often appear in codicils, proceed with care and consider preparing a fresh Will. Amending one provision can mean other provisions also require revision, so the original Will should be reviewed in the light of any...

1 BACKGROUND 1.1 [ Insert project name ] comprises the [ placing OR offer for subscription [ and sale ] ] of new [ and [ certain ] existing ] ordinary shares in [ insert name or code name for company ] plc (the Company), together with the admission of the new and existing ordinary shares to trading on AIM (AIM), a market run by the London Stock Exchange (the LSE) (the IPO). 1.2 [ Insert other details regarding the transaction ] 2 INTRODUCTION 2.1 These publicity guidelines (the guidelines) are intended to give a concise overview of the English law considerations regarding the disclosure of any information and/or any kind of publicity that relates to the IPO and/or the Company [ [ and OR , ] its subsidiaries (the Group) ] [ and the Company's affiliates ]. 2.2 An IPO generally entails publicity in multiple forms. During the period preceding the IPO, you, as a director of the Company, should exercise caution in relation...

Precedent underlease of part-offices—whole of premises demised by Head Lease This Precedent underlease is provided as a PDF with tracked changes, showing the amendments to convert a head lease to an underlease, and can be downloaded, saved or printed from this link: . NOTE: The sample mark-up draws from Lease of part—offices [Archived], an earlier iteration of our Precedent Lease of part (office). Its function is to show a practitioner the method for preparing an underlease; the underlying principles are unchanged. It is illustrative mark-up to demonstrate how a practitioner should approach drafting; principles remain. Drafting notes to Precedent Underlease of part-offices—whole of premises demised by Head Lease Caution This underlease assumes that the Head Lease is a lease of office premises forming part of a building, and that the premises granted by the underlease comprise the whole of the premises demised by the Head Lease. Accordingly, service charge and insurance rent mirror the provisions in the Head Lease. The document...

No estate will be placed on the register until any existing caution has been properly resolved. Should an application to register be lodged, HM Land Registry (HMLR) will alert the cautioner and advise them of their entitlement to oppose it. The cautioner may then submit an objection within the stipulated timeframe. As provided by the Land Registration Rules 2003, SI 2003/1417, r 53, that period usually expires at 12 noon on the 15th business day following the issue date of the Registrar’s notice, unless a different arrangement is agreed. Nevertheless, the cautioner may ask the Registrar, with reasons, to allow extra time. Any such request must be lodged before 12 noon on the 15th business day after the Registrar’s notice is issued...

A caution against first registration A caution against first registration safeguards an interest in the unregistered land in question. If an application is lodged to register that land for the first time, HM Land Registry will serve the cautioner with formal notice of the application. Any individual asserting ownership of an estate in land, a rentcharge, a franchise, or a profit a prendre, or holding any interest affecting such a legal estate, may enter a caution. A caution against first restriction only grants the entitlement to be informed of an application for first registration and to object to any such application...