Specific intent meaning

This checklist outlines the principal points an employer should assess, and the provisions it ought to require, to achieve a clear and binding letter of intent (LOI) on a construction project. Although the terms ‘contractor’ and ‘employer’ are used, the same approach applies to arrangements between a contractor and a sub-contractor. When drafting and negotiating an LOI, not every matter listed will be relevant; each should be considered in light of the specific circumstances. See Practice Note: Letters of intent—construction for further detail on letters of intent and, for an example of client guidance, see Precedent: Advice to clients—use of letters of intent. Key issues and clauses Parties’ particulars: Check that the employer’s and contractor’s full details are set out at the start of the LOI (including exact company names and, where appropriate, the company number) to prevent any doubt about the identity of the contracting parties. If either is within a corporate group, ensure the correct group company is named as the contracting entity... ...

Malik and others v Messalti [2024] EWHC 2713 (Ch) What are the practical implications of this case? The emphasis under IA 1986, s 423(3) lies on the transferor’s subjective aim, rather than the consequences of the disposition. A transfer for less than full value can be impugned under IA 1986, s 423 where the transferor’s broad, abstract intention is to keep assets out of creditors’ reach, even without contemplating any specific existing or prospective creditor or class. There is no requirement for the transferor to know of any, or all, actual or potential creditors at the time of the transfer. A gift, or a declaration of trust, is only vulnerable if the prohibited purpose is proved (though it need not be the sole reason for the deal). The transferor’s awareness (or lack of awareness) of particular creditors may inform the factual inquiry into whether that purpose was in fact held, but it is not decisive. In this matter, the face of the instrument of transfer contained concrete evidence that...

R (on the application of Rights Community Action Ltd) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1693 (Admin) What are the practical implications of this case? Duty to have due regard to the EPPS This judgment bears on prospective challenges to policy choices where consideration of the EPPS occurs after the decision. One cannot simply presume that a post hoc appraisal fails to meet the requirement to have due regard; whether it does will be fact-specific, and turns on whether the appraisal was undertaken ‘in substance, with rigour and an open mind’. Local Planning Authorities’ powers to set energy efficiency standards For planning authorities intent on adopting energy performance benchmarks that exceed current building regulations, the route is to exercise the power in section 1(1)(c) of the Planning and Energy Act 2008 (PEA 2008), often referred to as ‘the Merton rule’, and to proceed in line with the policy contained in the WMS...

The rise and circulation of pornographic deepfakes, the distribution of intimate images without consent, and online sexual harassment fall most heavily on women and other marginalised communities in particular, affecting both high-profile figures such as Taylor Swift and everyday social media participants. With such conduct proliferating, the EU has signalled its resolve to curb it on digital platforms—no simple or straightforward undertaking, yet one the 27-member bloc is intent on addressing through the EU DSA. Yet the EU DSA stops short of listing particular categories of unlawful content. Accordingly, dovetailing the EU DSA with sector-specific and domestic rules is vital to counter the expanding array of illegal material online—among them the newly adopted Directive (EU) 2024/1385 on combating violence against women and domestic violence (see: LNB News 28/05/2024 21). In force since 16 November 2022, the EU DSA targets illegal content and promotes a fair, open platform ecosystem throughout the EU (see: LNB News 17/11/2022 26, LNB News 16/02/2024 53 and News Analysis: Online platforms brace as EU's Digital Services...

This Practice Note outlines the key categories of security a lender may seek in a ship finance transaction. The principal security is a first‑priority mortgage over the vessel; however, subject to the circumstances of the specific financing, the lender might also require some or all of the following: assignment of insurances, income and any requisition compensation guarantee from the parent company charge on shares charge on a bank account This Practice Note applies to all vessel types commonly seen in ship finance. For more on superyachts specifically, see Practice Note: Superyacht finance—taking security over superyachts. Ship mortgage The lender’s core protection is security over the ship itself; a legal mortgage enables the lender, on default, to take possession and sell the vessel. The governing law of the mortgage will be that of the state or jurisdiction of the ship’s registry...

Intention Intention denotes the result the defendant seeks. Offences are often categorised as ones of basic intent or specific intent. The Court of Appeal has labelled this division elusive. Even so, the Court offered guidance on specific intent: crimes of specific intent require proof of purpose or consequence, and include, though are not limited to, cases where the objective extends beyond the actus reus, sometimes called ulterior intent. The Court also endorsed the analysis that a line can be drawn between (i) intention considered in light of the actor’s purposes and (ii) intention viewed apart from those purposes. In some instances a general intent accompanying the act is all that is needed to constitute the offence; in others, in addition to that general intent, there must be a specific intent linked to the purpose for which the act is done. Put plainly, specific intent offences require an intention to secure something beyond the act itself, whereas basic intent offences require only an intention to carry out...

This Practice Note considers exclusion and limitation of liability in business-to-business (B2B) contracts. This Practice Note offers guidance on the common law and statutory controls that govern exclusion and limitation of liability clauses (also described as limitation of liability clauses, limitation clauses, exclusion of liability clauses, exclusion clauses and exemption clauses), including the Unfair Contract Terms Act 1977 (UCTA 1977) and the Misrepresentation Act 1967 (MA 1967). It identifies which provisions amount to exemption clauses and sets out three central matters to address when drafting them or assessing them in a dispute: incorporation construction statutory controls It also outlines the courts’ treatment of attempts to exclude or restrict liability for certain breaches (eg fundamental breach) and for different heads of loss (eg direct loss, indirect and consequential loss, loss of profits, loss of use and loss of data). It notes common techniques parties use to allocate or restrict risk (eg financial caps, time bars, excluding rights of set-off) and addresses...

From: [ insert name of Employer (the ‘Employer’) ] To: [ insert name of Contractor (the ‘Contractor’) ] Date: [ insert date ] Dear [ insert name of Contractor ] [ insert full project name and/or description/location of the works ] (the ‘Works’) We acknowledge receipt of your tender ([ insert reference ]) dated [ insert date ], together with [ insert details of subsequent correspondence and any other specific documents containing details of the Works ]. We are pleased to advise that, subject to terms being agreed between us, we intend to accept your offer (as set out in the documents mentioned in paragraph 1 above) and to enter into a contract with you for delivery of the Works. The proposed form of contract will be based on the [ insert form of proposed contract ], as varied by a schedule of amendments and annexures enclosed with this letter (together the ‘Contract’). ...