Blackmail meaning

Employment Appeal Tribunal Judge Murray Shanks stated the tribunal was justified in concluding that Nicolas Toure’s allegation that a colleague used a racial epithet was 'fictional', and that his readiness to forget it in return for promotion was 'tantamount to blackmail', although the tribunal’s rationale for dismissing his victimisation complaint was 'plainly wrong'. He noted the tribunal had been mistaken in stating Toure was not dismissed by Ken Wilkins Print Ltd; yet Toure’s contention that his sacking was retaliation for raising race discrimination 'could not possibly have succeeded', in any event, according to Judge Shanks in a judgment handed down on 17 January 2024...

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This Practice Note This Practice Note explores the use of non-contractual mechanisms by software suppliers to halt or restrict the operation of on-premise software in business-to-business licences, the resulting legal considerations, and the real-world impact on drafting relevant software licences. It introduces a range of disabling tools: Time bombs Logic bombs Back door/trap door Fork locks Remote control and switching off, or ‘deprovisioning’ Where a customer breaches licence terms, or fails to pay licence or support charges, the supplier can pursue legal action. Yet litigation brings expense and uncertainty, and may strain the customer–supplier relationship. As a result, a supplier may favour a more immediate, practical approach: deploying disabling devices to stop the software from running, triggered remotely or automatically by the supplier. For most developers, such features are straightforward to create and embed. Activating (or threatening to activate) these tools can give the supplier significant leverage over customers, especially where the software is critical to the business. That...

This Practice Note sets out the scope of the 'without prejudice rule' governing the admissibility of material generated by bona fide settlement discussions. It clarifies when spoken and written communications are protected by, or fall outside, this head of privilege. It considers if pre-action exchanges may attract 'without prejudice' status, the significance of explicitly marking correspondence 'without prejudice', and how the principle applies across a chain of documents. It outlines the recognised exceptions that can render 'without prejudice' material admissible, including circumstances where extracts are deployed to cherry-pick the narrative, illustrated by examples, together with the notion of waiving 'without prejudice' privilege. The treatment of 'without prejudice' communications in the context of mediations is addressed, as are Calderbank offers marked 'without prejudice save as to costs'. Without prejudice rule The policy is that communications between disputing parties containing admissions or statements made on a 'without prejudice' basis will not be received as evidence in civil proceedings, and is commonly described as the 'without prejudice rule'. It is not...

The offence A person commits blackmail if, aiming to obtain a gain for themselves or another, or intending to cause another a loss, they make an unwarranted demand with menaces. A demand with menaces is treated as unwarranted unless the maker holds the belief that: they have reasonable grounds for making the demand; and the use of menaces is a proper way to reinforce the demand. Blackmail is an indictable-only offence and can be tried only in the Crown Court. Jurisdiction At least one constituent element of the offence must occur in England and Wales. A person is guilty of blackmail whether or not they were in England and Wales at any material time, and whether or not they are a British citizen...