What does Forgery mean? In practice, forgery refers to dealing with false instruments: making or materially altering a document so it purports to be genuine, copying a false instrument, using a false instrument or a copy, and having custody or control of specified false instruments, machines or materials for making them, with intent that the instrument be accepted as genuine to another’s prejudice. In England and Wales, these offences are created by the Forgery and Counterfeiting Act 1981, ss 1–5, which define “false instrument” broadly (including, where provided, electronic records). Northern Ireland has materially similar provisions under the Forgery and Counterfeiting (Northern...
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Under section 1 of the FCA 1981, a person commits Forgery if they create a false instrument intending that they, or someone else, will use it to persuade another to treat it as authentic, and, because of that acceptance, to act or refrain from acting to their own or another’s detriment.
For all offences in the FCA 1981, section 8 explains what counts as an “instrument”. It covers:
The FCA 1981 does not define “document”, but currency notes are excluded, as these fall under counterfeiting offences in Part II of the FCA 1981 (see Practice Note: Counterfeiting notes and coins). Electronic impulses used as computer access passwords are not instruments; therefore, Hacking or password misuse is not forgery but instead an offence under the Computer Misuse Act 1990 (see Practice Note: Computer hacking and misuse under the Computer Misuse Act)...
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 ]...