What does Narrative mean? In legal drafting, the narrative is the background section of a deed or other instrument that identifies the parties and explains why the document is being entered into and what it is intended to achieve. It typically sets out the names and designations of the parties (in Scots deeds, the granter and grantee), their capacities and authority, relevant title or prior transactions, consideration (if any), and the factual context or purpose of the operative provisions. “Narrative” is not defined by legislation and is rarely treated as a term of art in case law; it is a descriptive drafting expression used...
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For details on the scope of sentencing powers in Scottish courts, consult Practice Note: The jurisdiction and sentencing powers of Scottish criminal courts. For guidance on criminal procedure across Scotland, see Practice Note: The investigation and prosecution of criminal offences in Scotland. When addressing sentencing in matters arising from regulatory breaches, a court may need to pass sentence both on an organisation and on individuals linked to the wrongdoing. Certain practices, procedural steps and sentencing factors tend to apply to both natural and legal persons, whereas others are necessarily distinct or of no relevance. Throughout this Practice Note, the expression ‘the offender’ is used, and only where needed is a distinction drawn between organisations and individuals.
In solemn proceedings, the court lacks the power to pronounce sentence unless the Crown has made a motion to do so. The prosecutor must invite the court to sentence using the words: ‘I move for sentence’. Where an offender’s previous convictions are put before the court, the prosecutor is deemed to have moved for sentence even if those words are not spoken. This requirement is confined to solemn proceedings. There is no obligation to move for sentence in a summary...
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 ]...