Out of court disposals (OOCDs) is the term for a range of pre-charge sanctions deployed by the police and other enforcement agencies to deal with low-level, and frequently first-time, offending. At present, there are six OOCD options: simple cautions, conditional cautions, cannabis and khat warnings, community resolutions and penalty notices for disorderly behaviour. See Practice Note: Alternatives to prosecution for adults. While OOCDs remain a valuable mechanism for addressing minor offences without recourse to the courts, a 2013/2014 government consultation recognised the need for reform. It concluded, among other things, that the existing OOCD system is unnecessarily complex and fails to deliver meaningful consequences for offenders or to reduce reoffending. Feedback further highlighted that the scheme has become unwieldy and is applied inconsistently between different police forces. The Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) will overhaul the current OOCD framework by replacing it with a statutory two-tier model introducing two cautions—diversionary and community—both of which must have conditions attached. The police will continue to retain the use of non-statutory community resolutions as an informal disposal option. The intention is that, by simplifying and standardising...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...