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GLOSSARY

Intention definition

What does Intention mean?

A person directly intends those consequences which he desires to bring about by his acts, whether or not they will be likely to follow; a person obliquely intends those consequences which are virtually certain to result from his acts and which he knows are virtually certain so to result.

“Intention” is an element of many criminal offences, but it does not have a consistent meaning. There is no difficulty in cases where the defendant desires or wants to bring about a consequence by his acts; in such a case he directly intends that consequence, and how likely it is to occur is irrelevant. Where, however, the defendant may not have desired the consequence but may have foreseen it as a by-product of his action, he may be found to have intended that consequence, but only (it appears) if that result was a virtually certain consequence of his acts and he knew this to be so.

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Bank Recovery and Resolution Directive (BRRD)—timeline [Archived]

Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] Archived:This timeline has been archived. For developments from January 2024 onwards, see EU Bank Recovery and Resolution Directive—timeline if they relate to the EU BRRD, or UK bank recovery and resolution regime—timeline if they relate to the UK bank recovery and resolution regime, For further guidance on the EU BRRD, see Practice Note: Bank Recovery and Resolution Directive (BRRD)—essentials. For further guidance on the UK bank recovery and resolution regime, see Practice Note: The UK bank recovery and resolution regime. Date Source Document Description 20 December 2023 European Banking Authority The EBA publishes amendments to disclosures and reporting on MREL and TLAC The European Banking Authority (EBA) has published its final draft implementing technical standards (ITS) on amendments to disclosure and reporting of the minimum requirement for own funds and eligible liabilities (MREL) and the total loss absorbency requirement (TLAC). The amendments reflect the new requirement to deduct investments in eligible liabilities instruments of entities belonging to the same resolution group, the...

Dealing with a postponed or cancelled event—checklist

Dealing with a postponed or cancelled event—checklist Events in 2020 and 2021 concerning the worldwide pandemic resulted in many local, national and international events, including sporting events, concerts and conferences involving large gatherings of people, being cancelled, postponed or rescheduled because, for example, artists and suppliers had to pull out of their commitments resulting in the events becoming unviable. This Checklist outlines key points to be considered when an event is postponed, rescheduled or cancelled. See also: • Drafting and negotiating a force majeure clause—checklist • Coronavirus (COVID-19) and contractual obligations—checklist • Practice Note: Drafting for unforeseen events—commercial contracts • Practice Note: Reviewing commercial contracts to minimise financial difficulties • News Analysis: Coronavirus (COVID-19) and insurance law implications • News Analysis: Four key coronavirus (COVID-19) insurance coverage issues • News Analysis: What does coronavirus (COVID-19) mean for the events industry? • Q&A: Will our insurance cover us for coronavirus (Covid-19)? • Q&A: Can my force majeure clause protect me against the economic impact of coronavirus (COVID-19)? • Q&A: Is a...

Discover our 197 Checklists on Intention

Specific and basic intent

Intention refers to the outcome sought by the defendant. Offences may be described as either ones of ‘basic intent’ or of ‘specific intent’. The Court of Appeal has described this distinction as ‘elusive’. The Court nevertheless provided the following definition of specific intent:‘Crimes of specific intent are those where the offence requires proof of purpose or consequence, which are not confined to, but amongst which are included, those where the purpose goes beyond the actus reus (sometimes referred to as cases of “ulterior intent”).’The Court also approved the reasoning that:‘[A] distinction is to be made between (i) intention as applied to acts considered in relation to their purposes and (ii) intention as applied to acts apart from their purposes. A general intent attending the commission of an act is, in some cases, the only intent required to constitute the crime while, in others, there must be, in addition to that general intent, a specific intent attending the purpose for the commission of the act.’Put simply, offences of specific intent require...

Intoxication and mistake

IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. The investigating officer is under a duty to investigate crime impartially and fairly and so evidence supporting a defence should be collected and retained in the same way as evidence of the offence. Some offences are subject to specific statutory defences but the general defences should be considered in every case.Strictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.Specific intentWhere an offence requires specific criminal intent, voluntary intoxication may be sufficient to show that the accused could not have formed the requisite intent to commit the offence. The specific criminal intent required is that of bringing about a particular consequence at the time of the criminal action. If the accused was so drunk that they could not form a specific intention to bring about a particular consequence, then they would have a defence...

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Letter serving application in Form A on mortgagee in financial proceedings

Letter serving application in Form A on mortgagee in financial proceedings [insert mortgagee name] [insert mortgagee address] Dear [insert organisation name] Our client: [insert client’s name] [Property OR Land] address: [insert address of property or land] [ [Property OR Land] title number: [insert title number]] Your reference: [insert reference number] We represent [insert client’s name] in divorce and financial proceedings. [client's name]’s [former] [husband OR wife], [insert name], [is represented by [insert name and address of other party’s solicitors] OR acts in person]. We understand that you have a charge secured against the above detailed [property OR land], which forms part of the matrimonial assets. We confirm that our client has instructed us to make an application to the court for a financial order, including for an order in relation to the [property OR land] detailed above. We enclose a copy of the

Board minutes—private M&A—share purchase—completion—target

Board minutes—private M&A—share purchase—completion—target Company number: [insert company number] [insert company name] [LIMITED OR PLC] Minutes of a meeting of the board of directors (the Meeting) of [insert company name] [Limited OR PLC] (the Company) Held at [insert place of meeting] Held on [insert day, month and year of meeting] at [insert time of meeting][am OR pm] Present: [Insert names of the director(s) physically present][[Insert names of any directors present by telephone as permitted by the Company’s articles of association] (by telephone)] [[Insert names of any directors present by other means permitted by the Company’s articles of association] (by [insert other means]] [ In attendance: ] [[Insert name of anyone in attendance, who does not count towards the quorum for the Meeting (eg the company secretary, any legal advisers)]] [ Apologies: ] [[Insert names of any directors who are unable to attend the Meeting]] 1 Chair, notice and quorum [insert name] was appointed Chair of the Meeting. The Chair reported that due...

Dive into our 518 Precedents related to Intention

How does the decision of Herefordshire Council v Rohde [2016] UKUT 39 (LC) clarify how a local authority's declaration as to whether a property is a house in multiple occupation (HMO) is challenged?

How does the decision of Herefordshire Council v Rohde [2016] UKUT 39 (LC) clarify how a local authority's declaration as to whether a property is a house in multiple occupation (HMO) is challenged? Under section 255 of the Housing Act 2004 (HA 2004), a local authority (LA) is provided with a power to make a house in multiple occupation (HMO) order. The tests for establishing whether a property is a HMO or not is provided by HA 2004, s 254, however, where a property does not fulfil the tests contained within ss 254(2), 254(3), 254(4) or 254(5), then the LA retains a power to declare the property to be an HMO, provided they reasonably believe that the property has 'significant use' as an HMO (HA 2004, s260). For more information of the classification of HMOs, please see our Practice Note: Houses in multiple occupation (HMOs). The designation of a property as a HMO, as was the case in Herefordshire Council v Rohde [2016] UKUT 39 (LC) (Rohde), may be...

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B?

What key issues should be considered where customer (C) has a direct relationship with supplier (A) (who works with nominated supplier (B) on C's behalf), if C wishes to implement a direct rebate scheme with B? The nature of the legal relationships Its important to be clear on the nature of the legal relationships between each of supplier A, supplier B and customer C. It is stated that customer C and supplier A have a direct contractual relationship between them. It will be necessary to review the terms of that contract, in order to identify if the proposed course of action will be in breach of the specific terms of the agreement, or otherwise cause a conflict or ambiguity leading to a commercial risk. It is stated that ‘A works with another nominated supplier B on our behalf’. ‘On our behalf’ indicates the possibility that supplier A may be acting in some capacity as an agent of C in its dealings with supplier B. Agency is a relationship under which...

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An intention to avoid incurring a tax liability is not a prohibited purpose under section 423(3) of the Insolvency Act 1986 (Purkiss (as liquidator of Ethos Solutions Ltd) v Kennedy)

Restructuring & Insolvency analysis: In this appeal, the Court of Appeal was asked whether an intention to avoid incurring a tax liability to HMRC was a prohibited purpose under section 423(3) of the Insolvency Act 1986 (IA 1986). The Court of Appeal held that it was not a prohibited purpose because, in short, seeking to avoid a liability from occurring in the first place will not prejudice a potential creditor within the meaning of IA 1986, s 423. Every man is entitled if he can to order his affairs so as that the tax attaching under the appropriate legislation is less than it otherwise would be. Written by Ben Rutledge, associate, and Nathan Tidd, paralegal, at Keidan Harrison LLP who acted for the successful respondents.

Environment weekly highlights—27 March 2025

This week's edition of Environment weekly highlights includes: analysis from Peter Ashford, general counsel of the Office for Environmental Protection (OEP) on the implementation of the Environmental Principles Policy Statement (EPPS) in England. In addition this week, we cover key environment announcements from the Spring Statement 2025 presented on 26 March 2025, the Department for Environment, Food & Rural Affairs (Defra), along with devolved administrations has published the UK Pesticides National Action Plan (NAP) 2025, and the Environment Agency (EA) has published its updated Storm Overflow Assessment Framework 2025. Further this week, the OEP has launched an investigation into potential breaches of the Water Framework Directive Regulations by Defra and the EA .

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