Under the constitutional monarchy, the monarch plays a key role which has developed over time. This Practice Note examines the operation of conventions and royal prerogatives, the issue of confidentiality and the role of the monarch in opening and dissolution of Parliament, the process of Royal Assent on Bills from the legislature and succession.
This Practice Note concerns the House of Lords in its existing form as part of the legislature, and not in its former capacity as also part of the judicial system. The House of Lords continues to play a vital role in reviewing and amending legislation.
All judges and magistrates are appointed by and derive their authority from the Crown so that the judicial branch operates independently of the executive and legislature. This Practice Note explores the principles of judicial independence, impartiality and integrity, the appointment and disciplining of judges and their written judgments.
Royal Charters grant corporate personality to professional or charitable bodies, by the monarch. This Practice Note explores the process of establishing and surrendering of Royal Charters and restrictions, including in relation to judicial review.
This Practice Note provides a brief overview of Directive 2004/109/EC of the European Parliament of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (Transparency Directive), its history, content and implementation in the United Kingdom.
Restructuring & Insolvency analysis: The company successfully applied to convene a single meeting of its financial (non-trade) creditors for the purposes of considering and, if thought fit, approving, a proposed scheme of arrangement. The High Court had previously rejected Sunbird’s application for sanction of a scheme in near identical terms, having criticised the way in which the original scheme process had been approached by Sunbird. In returning to court, Sunbird sought to rectify a number of the deficiencies identified in the original judgment. Written by Darragh Connell, barrister at Forum Chambers.
Restructuring & Insolvency analysis: Pursuant to an application issued by the joint liquidators of AFM (1932) Ltd (AFM), the Insolvency and Companies Court was required to consider a complex web of transactions to discern whether there was any legitimate justification for payments made by AFM. The payments were in respect of construction works carried out at an Essex property owned by a company registered in the British Virgin Islands, Belisco Estates Ltd (Belisco) and for which AFM had received no payments in return. In assessing the relevant evidence and considering the contractual documentation relied upon by Belisco, the court repeatedly cited one of the themes of the F Scott Fitzgerald novel, ‘The Great Gatsby’, that ‘nothing is as it seems’. Insolvency and Companies Court Judge Jones ultimately rejected the arguments raised on behalf of Belisco and held, subject to an account and pleading issues, that there was a debt liability owed to AFM by Belisco. Notably, the court applied Rule 14.25 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) in finding that Belisco were not entitled to set off payments purportedly made by it and on its behalf to discharge liabilities said to be owed by AFM to third parties. Written by Darragh Connell, counsel instructed by Howes Percival LLP on behalf of the joint liquidators of AFM (1932) Ltd.
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