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GLOSSARY

Knowledge definition

What does Knowledge mean?

Knowledge is knowing that something is so, or being “virtually certain” about something.

The inclusion of the word “Knowingly” makes clear that mens rea is required to prove the offence, but the precise nature or extent of the knowledge required to be proved needs to be considered. A person may, for example, be convicted of being knowingly concerned in the fraudulent evasion of any prohibition with respect to goods, without being aware of the precise nature of the items in question; it suffices if he knew he was involved in the evasion of a prohibition, and the goods were in fact prohibited. The requirement of “knowingly” is satisfied by proof of “wilful blindness”, ie deliberately shutting one's eyes to the obvious or refraining to make inquiries to avoid having a suspicion (eg that goods are stolen) confirmed.

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What to think about before bringing a private competition action—checklist

What to think about before bringing a private competition action—checklist Is there an actionable claim? Note: private competition actions remain largely regulated by national law and procedural and substantive rules across the EU may vary significantly, therefore assessments in individual jurisdictions will need to be made when planning competition litigation. Possible causes of action • Consider if there is an infringement of UK competition law (or EU competition law prior to the end of the Brexit transition period). ◦ Consider whether the loss suffered can be attributed to an agreement or concerted action between undertakings, especially competing undertakings (see further, The prohibition on restrictive agreements). ◦ Consider whether the loss might have been caused by an entity that is arguably dominant typically with a large share of a relevant market, and could be said to have abused its dominance contrary to Chapter II of the Competition Act 1998 (and/or Article 102 TFEU if prior to the end of the Brexit transition period) (see further, The prohibition on abuse of dominance)....

Supervision—checklist—law firms

Supervision—checklist—law firms This Checklist is designed to help you determine whether you have the systems in place to comply with regulatory requirements that apply to law firms, including SRA requirements, in relation to supervision. It should be read in conjunction with subtopic: Supervision and file reviews. Management and control Requirement Compulsory or recommended Comments (if any) ☐ Ensure your governance arrangements are suitable to operate or control a business providing regulated legal services.See subtopics: SRA authorisation and approval and Governance structures. Compulsory SRA Authorisation of Firms Rules, r 2.2 (Insert any comments you may wish to make regarding your firm’s arrangements) ☐ Ensure you have at least one manager or employee, or procure the services of an individual, who:—is a lawyer of England and Wales and has practised as such for a minimum of three years, and—supervises the work undertaken by your firm Compulsory SRA Authorisation of Firms Rules, r 9.4 (Insert any comments you may wish to make regarding your firm’s arrangements) Service and competence Requirement Compulsory or...

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The defence of insanity

What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates' court and the Crown Court. At the heart of the rationale for the insanity defence is the principle that criminal punishment should only be imposed upon those who are responsible for their conduct. What constitutes insanity was debated until resolved by the rule in M'Naghten's Case. In that case, the defendant, Daniel M'Naghten shot and killed the secretary to the politician Sir Robert Peel, intending to kill Sir Robert. He was tried for murder but acquitted on the ground of insanity. High Court judges were subsequently required to answer questions in the House of Lords as to the law governing the defence of insanity. Their answers were reported, as if they constituted judgments and precedent, as the M'Naghten Rules and included the following key principle:‘[T]o establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing...

Fraudulent evasion of income tax

Offence of fraudulent evasion of income taxSection 106A of the Taxes Management Act 1970 (TMA 1970) provides that a person commits an offence if they are knowingly concerned in the fraudulent evasion of income tax by themselves or any other person. The offence, which is triable either way, does not concern the evasion of taxes other than income tax and capital gains tax and does not apply to things done or omitted before 1 January 2001.Elements of the offence of fraudulent evasion of income taxBeing 'knowingly concerned'The test for being 'knowingly concerned' in an income tax fraud was one requiring both:•knowledge (rather than mere suspicion) of an offence, and •actual involvement in it (simply paying for services in cash was unlikely to satisfy this test)In other words, the person must have knowledge and involvement in the fraud. Someone can be said to know something if they are sure that it is so, and this is different in law to recklessness which means taking unjustified risks (R v Godir). An example...

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Consultancy agreement—company and individual—pro-client (short form)

Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...

Tax evasion facilitation staff FAQs and case studies—law firms

Tax evasion facilitation staff FAQs and case studies—law firms We run our business[es] with integrity. All of us must work together to ensure our business[es] remain[s] untainted by tax evasion and tax evasion facilitation. These FAQs are based on guidance from the Law Society and are designed to help you achieve [insert organisation’s name]’s business goals in a way that is consistent with our commitment to prevent the facilitation of tax evasion. This document addresses some common questions and scenarios, but if you are ever unsure about a matter, transaction or situation, check with [insert contact name or title]. 1 FAQs 1.1 If a client engages the firm on a matter involving a foreign jurisdiction and our retainer does not include advising on associated foreign tax issues, what obligation do we have to consider foreign tax matters? The firm can only be liable if there is criminal facilitation of tax evasion by an associated person, so there is no requirement on us to ensure a client takes foreign...

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SMSG advises ESMA on criteria for assessing knowledge and competence under MiCA

The Securities and Markets Stakeholder Group (SMSG) has issued advice to the European Securities and Markets Authority (ESMA) concerning ESMA’s consultation paper on guidelines for knowledge and competence under the Markets in Cryptoasset Regulation (MiCA). The SMSG emphasises the necessity of stringent knowledge and competence requirements for individuals offering information and advice on cryptoassets, due to the unique and often misunderstood nature of the cryptoasset ecosystem and the potential risks for investors. While supporting ESMA's principles, such as the tailored application of MiFID II requirements, proportionality, and a transition period, the SMSG advocates for stricter guidelines, particularly in the verification of competence. It recommends that competence verification be conducted by an external party rather than by cryptoasset service providers (CASPs) themselves. Additionally, the SMSG expresses concerns about the potential for unscrupulous actors to dominate the market if regulated financial institutions do not invest in competence development programmes.

Key takeaways from the ICO’s final anonymisation guidance

Information Law analysis: On 28 March 2025 the UK Information Commissioner’s Office (ICO) published its guidance on anonymisation and pseudonymisation under the UK GDPR (the Guidance). A long time coming, with drafts and sector-specific guidance published intermittently since 2021, the Guidance offers a practical response to addressing key concerns around compliant use of pseudonymised and anonymised data, especially in the context of data sharing, advanced analytics and modern technologies available to the ‘motivated intruder’. Written by Alex Jameson & Steph Ong of Bird & Bird

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