Knowledge Definition

Case studies

"Everything at Advocates is done on a timed basis, so we need to conduct our research efficiently. We don't want to charge clients unnecessarily or write off our time. With Lexis products, we can get more research done each day"

Advocates

Access all documents on Knowledge

GET ACCESS NOW

GLOSSARY

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.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Civil contempt proceedings—checklist

Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....

New to role—in-house lawyers—handover—checklist

New to role—in-house lawyers—handover—checklist Where you are taking over your role from someone else and you are offered a handover, it is strongly recommended that you take the opportunity to speak to your predecessor, even if it is only a brief telephone call. This Checklist is intended for new in-house lawyers joining an organisation to replace the organisation’s previous in-house lawyer. It sets out some key areas you may want to cover in any handover with your predecessor, however short. It should be read in conjunction with Practice Note: Taking up a new role in-house—replacing a previous in-house lawyer. Nevertheless, the role is now yours and you needn’t be influenced to carry on exactly as before. There are always many ways of doing things and you must stamp your own mark on your role. You should build on what was done well previously and, where it is clear that some things weren’t working as well as they should, be prepared to act quickly to change things. You may need to...

Discover our 14 Checklists on Knowledge

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...

Discover our 294 Practice Notes on Knowledge

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...

Performance appraisal and personal development plan—L&D manager

Performance appraisal and personal development plan—L&D manager Name [Insert appraisee’s name] Current manager [Insert appraiser’s name] Position/title department [Insert appraisee’s job title] Current personal development plan (PDP) year [Insert year] Department [Insert appraisee’s department] Date of appraisal [Insert date] Appraisal conducted in person? ☐ Yes☐ No Aim of the meeting • To understand your personal aspirations • To provide feedback about your level of performance • To plan your future with us, ensuring we are supporting your career development • To set and agree objectives aligned with the strategic aims of the firm What the meeting will cover • Part 1: Performance against personal objectives • Part 2: Performance against core skills • Part 3: Assessment of overall performance • Part 4: Future aspirations • Part 5: Future personal objectives • Part 6: Personal development plan Preparation for appraisal meeting Please review and complete sections 1 to 4 in advance of the meeting. This includes your assessment of your progress and performance rating. Provide a copy...

Dive into our 320 Precedents related to Knowledge

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions?

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...

In proceedings under the Family Law Act 1996, the applicant has produced as part of their evidence a recording of the respondent made without the respondent’s knowledge. The respondent believes that the applicant has made further covert recordings which have not been disclosed. Is there case law to support that the applicant or their solicitors should disclose copies of all covert recordings made?

In proceedings under the Family Law Act 1996, the applicant has produced as part of their evidence a recording of the respondent made without the respondent’s knowledge. The respondent believes that the applicant has made further covert recordings which have not been disclosed. Is there case law to support that the applicant or their solicitors should disclose copies of all covert recordings made? The law relating to the recording of conversations between private individuals and the use of those recordings in court proceedings is a developing area. As a matter of first principles, there is no offence committed where an individual covertly records a conversation with another individual. The Regulation of Investigatory Powers Act 2000 (RIPA 2000) applies to public bodies but not to individuals. Likewise, the Telecommunications(Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 apply to businesses in respect of the recording of conversations without notice to the person being recorded or in certain specified exceptional circumstances. In Jones v University of Warwick, an enquiry agent...

See the 5 Q&As about Knowledge

Expect complex ruling from UK justices in car dealer case

Law360, London: On 2 April 2025, The UK Supreme Court heard arguments in the joined test cases of Johnson v FirstRand Bank Ltd, Wrench v FirstRand Bank Ltd and Hopcraft v Close Brothers Ltd.

Military deafness claims—the fight for fair compensation

PI & Clinical Negligence analysis: Military hearing loss claims are increasingly common. A recent agreement with the MoD has resolved many of the contentious issues, leaving medical causation and quantum to be determined. A trial of the test cases in Abbott v MoD will provide clarity on how to address these issues in future cases. Written by Simon Ellis, partner and head of the Military Department at Hugh James.

Read the latest 51 News articles on Knowledge

Top

Trial

��ɫ��

GLOSSARY