What does Theft mean? In practice, theft describes the criminal taking or assumption of another’s property with the purpose of keeping it. In England and Wales (Theft Act 1968, s 1) and Northern Ireland (Theft Act (Northern Ireland) 1969, s 1), the offence is committed where a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Subsequent provisions define key elements, including “appropriation” (assumption of any owner’s rights, which can occur even with consent), “property” (money, personal property and things in action, with limited exceptions), and intention to permanently deprive (including treating property...
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The Scrap Metal Dealers Act 2013 (SMDA 2013) governs the buying and selling of scrap metal and seeks to deter large-scale cable and metal Theft. The Home Office assessed that there were 80,000–100,000 reported metal theft offences each year, imposing a minimum economic cost of £220–£260m. SMDA 2013 introduced an updated regulatory framework for the scrap metal recycling sector and vehicle dismantling, covering licensing for scrap metal dealer businesses and creating offences connected to operating such a business.
Section 12 of SMDA 2013 makes it an offence to purchase scrap metal using cash. The rule applies to all scrap metal dealers. Under section 12, dealers must not pay for scrap except by cheque or electronic transfer. The dealer, the site manager, and any person acting on the dealer’s behalf who makes the payment are all within the scope of this offence...
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 ]...