Published on: 29 November 2024
Published by a LexisNexis Corporate Crime expert
The prison estate has long teetered on the edge of failure, strained by a population that has doubled over the past 30 years. In the most recent 14 of those years, only 500 extra places were delivered, a stark shortfall against the 14,000 promised by the Conservative government. The new Labour administration has already introduced an Early Release Scheme (‘the scheme’) to unlock 5,500 spaces. Individuals sentenced to more than 4 years in custody for violent, sexual, or domestic violence offences were ineligible. Between September and October 2024, 2,800 people were released under the scheme. While this is a clear, short-term tactic, attention must turn to how those released early will be supported to re-enter their communities, whether pressure on prison infrastructure will simply be shifted onto the probation service, or whether those on licence will receive sufficient support. This urgent measure has been accompanied by a government assurance that ‘never again’ will there be ‘more prisoners than prison places’. Earlier this month, the government announced an Independent Sentencing Review, tasked with seeking evidence across a range of sentencing themes and setting out practical recommendations in due course for consideration and action as appropriate...
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 ]...