Application definition

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Equity derivatives—France—Q&A guide

Equity derivatives—France—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to equity derivatives in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020). Authors: Latham & Watkins LLP—Thomas Vogel; Suzana Sava-Montanari 1. Other than transactions between dealers, what are the most typical types of over-the-counter (OTC) equity derivatives transactions and what are the common uses of these transactions? The market for OTC derivatives transactions in France is well established and equity derivative products are routinely used in the implementation of stake-building transactions, equity price risk hedging strategies and share repurchase schemes.  Typical equity derivatives products used by issuers on the French market include (but are not limited to): • call options, put options and total return swaps to hedge equity price risks on a bespoke basis; • funded collar in the context of the leveraged acquisition of a stake in a publicly listed company involving an embedded hedge to the market price of the equity purchase (often on a tranched basis); • unfunded collar in the context of the disposal of a stake in a publicly listed company involving an embedded hedge to the market price of the equity disposal (often on a tranched basis); • prepaid equity forward in the context of share buy-backs involving a forward transaction that is settled on the basis of the discounted volume-weighted average price of

Preparing manual PDF electronic bundles

Preparing manual PDF electronic bundles This Practice Note provides guidance on preparing manual PDF bundles, similar to those required by Practice Direction 51O, the Protocol and Supreme Court Practice Direction 14. The process for uploading documents to specialised trial management software may be different. It should be read in conjunction with Practice Note: Electronic bundles in civil proceedings. With the kind permission of Blake Hawthorne, his ‘Guide to Creating Electronic Appellate Briefs, Blake A. Hawthorne, Supreme Court of Texas’ dated 1 January 2019, has been used as a starting point for this guidance on preparing manual electronic bundles for use in proceedings in England and Wales. How to prepare PDF bundles—five basic steps There are five basic steps to create an electronic bundle which will be as effective and easy to use as possible: • Convert your submissions from the original word processing document, eg Microsoft Word, directly to PDF. Unless it is unavoidable, do not scan a document to create a PDF • Convert any exhibits to PDF. Do not scan exhibits that are available in electronic format, such as judgments, authorities or orders • Combine the submission and any exhibits together into one PDF file • Make any scanned materials searchable using optical character recognition (OCR) software like Adobe Acrobat • Create bookmarks for any documents contained in the exhibit Tools Word processor The primary tool for creating an electronic bundle is

Sponsorship

Sponsorship This Practice Note provides an overview of the key elements of a sponsorship deal, including establishing a sponsorship hierarchy for multiple sponsors, exclusivity arrangements, standard and additional rights commonly found in a sponsorship deal, fees and payment by value-in-kind, protection of sponsorship as well as compliance and regulatory issues. Brands are increasingly looking to align themselves with events or content that consumers care about. For this reason, sponsors are increasingly aligning themselves with areas outside of the traditional sports sponsorship model. For example, there has been significant growth in sponsorship of music events and artists, sectors that brands traditionally shied away from due to the myriad of rights owners. English law does not recognise the existence of proprietary rights in a sports (or other) event. It follows that there is no such recognised right as ‘sponsorship rights’ to an event, team or league. The sponsorship rights granted by rights holders to brands do not exist in and of themselves, rather they are created, exploited and protected via a contractual and legal matrix. Types of sponsorship There are many different types of sponsorship opportunities available, including sponsoring: • a team • an individual • an event, or series of events • a venue • content (such as a television programme) Key components of a sponsorship deal Sponsorship hierarchy Sponsorship programmes have developed to form a hierarchical model with the sponsors at the top granted the widest suite

Appeals—Portugal—Q&A guide

Appeals—Portugal—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to appeals in Portugal published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2021). Authors: Uría Menéndez—Fernando Aguilar de Carvalho; Luís Bertolo Rosa 1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process. Portugal's court system is organised in three different levels. There are first instance courts, intermediate appellate courts and the Supreme Court, which is the final appeal court. In certain circumstances – when a party argues that the way in which the court has interpreted and applied certain legal provisions is in breach of the Constitution – the Constitutional Court will also work as an appeal court. In terms of intermediate appeal courts, the national territory is divided into five regions: Lisbon (which also covers the territories of the Azores and Madeira Archipelagos), Oporto, Guimarães, Coimbra and Évora, each one with an intermediate appeal court. The Supreme Court has jurisdiction over the entire national territory. The threshold for the jurisdictions of the first instance and intermediate appeal courts are €5,000 and €30,000, respectively. 2. Are there appellate courts that hear only civil matters? The Supreme Court has civil, criminal and social sections. All the intermediate appeal courts have a civil and a criminal section and will, depending on the level of demand and complexity of the assigned

Tier 1 (Investor): investment requirements for pre-6 November 2014 Rules applicants at indefinite leave to remain

Tier 1 (Investor): investment requirements for pre-6 November 2014 Rules applicants at indefinite leave to remain This Practice Note looks at the eligibility requirements in relation to money and investments that will be relevant for a Tier 1 (Investor) migrant applying for indefinite leave to remain, where their last leave was granted under the pre-6 November 2014 Immigration Rules covering the category and they are applying before 6 April 2022. This includes what investments will qualify (including relevant restrictions), how the qualifying investments should be maintained, and the evidence needed to show that the qualifying investments and, if relevant, any balancing funds have been maintained over the relevant specified continuous period. It should be read in conjunction with Practice Note: Tier 1 (Investor): applying for indefinite leave to remain. The same requirements will apply where an applicant in this situation misses the 6 April 2022 deadline. As this route was closed to any further initial applications on 17 February 2022, through Statement of Changes in Immigration Rules CP 632, in part due to the concerns the route facilitated the transfer of illicitly obtained wealth, extension and settlement applications may face increasingly high levels of scrutiny. For further information, see: LNB News 17/02/2022 76. Investment within three months of the specified date If a person wishes to rely upon the date of first entry after being granted entry clearance,

Acquiring permanent residence early [Archived]

Acquiring permanent residence early [Archived] ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: What does IP completion day mean for Immigration?. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview. This Practice Note covers the circumstances where PR can be acquired early by European Economic Area (EEA) nationals and their family members residing in the UK under EU free movement law. Throughout this Practice Note the term 'EEA nationals' refers to nationals of the countries in the EEA other than the UK as well as Switzerland, which reflects the definition in the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016). PR can be acquired prior to the completion of five years of

Brussels I (recast)—requirements for an effective choice of court agreement (art 25)

Brussels I (recast)—requirements for an effective choice of court agreement (art 25) This Practice Note considers Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) and the requirements that need to be met to show the court there is an effective choice of court agreement between the parties. It provides background information as to the position already adopted by the European Court on such agreements and what changes have been brought into place under Regulation (EU) 1215/2012, Brussels I (recast) and what that might mean in practice. Equivalent wording to Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) was found in its predecessors being Article 17 of the Brussels Convention and Article 23 of Regulation (EC) 44/2001, Brussels I. Cases referenced in this Practice Note include those decided under the convention and regulation as they are relevant to understanding the key principles under Article 25. For general information in relation to choice of court agreements, see Practice Note: Brussels I (recast)—choice of court agreements (art 25). For guidance on the various other jurisdictional regimes that contain provisions regarding jurisdiction agreements, see Practice Notes: • Jurisdiction agreements—introduction • Hague Convention on Choice of Court Agreements—scope • Hague Convention on Choice of Court Agreements—jurisdiction • Jurisdiction agreements—approach of the courts of England and Wales Impact of UK’s departure from the EU Following exit day (ie 31 January 2020), the UK became a third state in

Business and Property Courts—shorter trials scheme

Business and Property Courts—shorter trials scheme This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below. Purpose of the shorter trials scheme This Practice Note gives guidance on the shorter trials scheme (STS) in CPR PD 57AB to claims issued on or after 1 October 2015 in the Business and Property Courts. The scheme is intended to effect resolution of commercial disputes within commercial time frames through streamlining and controlling various case management procedures, including the pre-action procedure, statements of case, costs budgeting, disclosure, factual and expert evidence, interim applications, the trial timetable, cross examination at trial, etc. CPR PD 57AB deals with both the shorter and flexible trials schemes and came into effect on 1 October 2018, following a successful pilot scheme which operated under CPR PD 51N in the Rolls Building only. From 1 October 2018, the STS applies to all Business and Property Courts and to claims issued on or after 1 October 2015 (CPR PD 57AB, para 1.2). The flexible trials scheme (FTS) is also contained in CPR PD 57AB. This Practice Note only considers the STS. For guidance on the FTS, see Practice Note: Business and Property Courts—flexible trials scheme. Where the provisions of

Enforcing judgments of the courts of England and Wales overseas

Enforcing judgments of the courts of England and Wales overseas This Practice Note considers the relevant procedural rules in the courts of England and Wales that will need to be followed when seeking to enforce a judgment of those courts overseas. These procedural rules are found in CPR 74 and CPR PD 74A. The process to apply for the relevant documents required to enforce the judgment is explained as are the documents required ie a certified copy of the judgment and any prescribed certificate. Also discussed is the evidence required in support of such an application. For detailed guidance on enforcing a judgment of the courts of England and Wales within the UK ie in Scotland or Northern Ireland, see Practice Note: Enforcing judgments of the courts of England and Wales in Scotland or Northern Ireland. When considering the enforcement of judgments of the courts of England and Wales in EU Member States or Iceland, Norway and Switzerland (relevant EFTA Member States) it is important to be aware that the process was significantly impacted by the UK leaving the EU in 2020 (Brexit). Detailed discussion is provided in this Practice Note both in terms of providing an understanding of the terminology used when discussing the implications of Brexit as well as the impact it has had: • Brexit—definitions below • Brexit—implications of the UK’s departure from the EU—enforcement below

FCA consultation paper tracker—2017

FCA consultation paper tracker—2017 This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2017, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation Authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/ Handbook Notice Authorisation, approval and supervisionFees and leviesPayment systems and services CP17/44: PSR regulatory fees The Payment Systems Regulator (PSR) and the FCA published a consultation and decision paper setting out its policy decision on the way it will collect its regulatory fees in 2018/19 and in subsequent years, and consulting further on its proposed fees allocation method. 15 December 2017 26 January 2018 PS expected Summer 2018Handbook Notice 53 (23 March 2018)CP18/8: PSR regulatory fees (23 March 2018) Consumer credit, mortgage and home financeFCA conduct requirements CP17/43: Credit card market study: Persistent debt and earlier intervention remedies—feedback on CP17/10 and further consultation The consultation derives from the FCA findings in its July 2016 credit card market study, in which the FCA set out significant concerns about the scale, extent and nature of problem credit card debt and firms’ limited incentives to reduce this. The

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Specimen statement of issues for a first appointment—financial remedy application

Specimen statement of issues for a first appointment—financial remedy application In the Family Court sitting at [location] [Case No] Between 1 [insert name] Applicant And 2 [ insert name] Respondent Statement of issues for the First Appointment on [date] Issue Applicant’s position Respondent’s position 1. Clean break The applicant contends that there should be a joint lives maintenance order because [insert concise details] The respondent contends that a clean break will be possible because [insert concise details] 2 Identification of assets to be divided Should [ [[identify asset] inherited by the [applicant OR respondent OR ] OR [identify asset] owned by the applicant OR respondent OR prior to the marriage]/ [as appropriate] OR /] be included in the assets to be divided or be ring-fenced? This is a needs case as a result of which ring-fencing is not possibleOr [identify asset] was recently inherited by the applicant from her OR his] parents. The property has not been intermingled with other assets. It should be ring-fenced for the benefit of the applicant This is a needs case as a result of which ring-fencing is not possibleOr [identify asset] was owned by the respondent prior to the marriage and has remained in [her OR his] separate ownership since that date. The needs of the parties can be met without recourse to the property 3. Appropriate division of capital The

Good Laboratory Practice (GLP) definition—life sciences

Leases—tenant environmental covenants

Produced in partnership with ELM Law 1 Definitions Environment all or any of the following media, namely air (including the air within buildings and the air within other natural or man-made structures above or below ground), land (including buildings and any other structures or erections in, on or under it and any soil and anything below the surface of the land) and water (including surface water, coastal water and groundwater) and any living organisms and ecosystems supported by those media Environmental Law all applicable statutes, subordinate legislation, directives, regulations, common law, orders, judgments, instructions of any regulatory authority or court, codes of practice and guidance notes which relate to the Environment, energy efficiency, climate change or health and safety Environmental Permit any permit, licence, authorisation, consent, permission, approval, agreement, notification, registration or exemption required under Environmental Law

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

Standard order 3.2—search order—family proceedings

Standard order 3.2—search order—family proceedings Note: On 30 November 2017, the then President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial and enforcement standard orders within family proceedings, see News Analysis: Financial and enforcement standard orders to be placed on a more ‘formal footing’. In his 18th View from the President’s Chambers dated 23 January 2018, Sir James confirmed that some of the standard orders published on 30 November 2017 contained  ‘a minor error’. Amended versions of those standard orders were published on 22 January 2018 in the Practice Guidance: Standard financial and enforcement orders (addendum). Subsequent amendments where made on 16 November 2020 via a note issued by Mostyn J to reflect the substitution of Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 and FPR 2010, PD 37A from 1 October 2020. The history of amendments made to the standard orders can be located here. This Precedent standard order has been reviewed and reflects the version dated 16 November 2020. In the Family Court sitting at [court name] No: [case number] [ The Matrimonial Causes Act 1973 AND/OR The Civil Partnership Act 2004 AND/OR The Matrimonial and Family Proceedings Act 1984 AND/OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocates(s) who appeared] After reading the statements and

Divorce—client guide (post-DDSA 2020)

Divorce—client guide (post-DDSA 2020) This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide specific advice based on your circumstances. No fault divorce The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) has been described as a landmark reform of divorce law. It aims to make the divorce process less acrimonious by introducing what is commonly known as ‘no fault divorce’. This legislation, for the first time, completely removes the need to assign blame when commencing divorce proceedings. The new divorce procedure is in force for applications that are issued from 6 April 2022. Historically, in order to obtain a divorce in England and Wales it was necessary for the party applying for a divorce to establish that the marriage had broken down irretrievably and to do that they had to prove one of the ‘five facts’. Three facts were based on fault, ie adultery, unreasonable behaviour and desertion, and two facts were based on a period of separation (two years’ separation with consent or five years’ separation without consent). In many cases one of the parties was forced into making fault allegations (adultery or behaviour), not necessarily because that was the real cause of the breakdown or because they wanted to blame their spouse, but because the alternative was to wait at least two years for a divorce with consent, or

Systems integration agreement—pro-supplier

Systems integration agreement—pro-supplier This AgrEement is made on [date] Parties 1 [insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer wishes to procure software, [hardware], software configuration and development services, installation services and other related services. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the Software has passed or is deemed to have passed the relevant Software Acceptance Tests; and/or (b) the Supplier confirms in writing that the Supplied Hardware has passed or is deemed to have passed the relevant Hardware Acceptance Tests, as the context so requires, and Accept shall be construed accordingly; Acceptance Criteria • means the criteria to be satisfied to demonstrate that: (a) the Software Acceptance Tests have been successfully completed as determined pursuant to

Software support agreement—pro-customer

Software support agreement—pro-customer This Agreement is made on [date] Parties 1 [Insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [Insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [the licensor of certain software applications]. (B) The Customer is [insert details of Customer’s background/background to the relevant transaction]. (C) The Supplier has granted a licence to the Customer[, members of its group] [and certain authorised third parties] to use certain software applications and agrees to provide support and maintenance services for such software on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Authorised Third Parties • means any third party (including agents and contractors) engaged to provide services to the Customer or to any Customer Affiliate including any supplier to whom the Customer or any Customer Affiliate has outsourced any part of its business; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Commencement Date • means the date of this Agreement; Confidential Information • means any and all confidential information (whether in oral, written or

MVNO agreement

MVNO agreement This Agreement is made on [insert date] Parties 1 [insert name] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (MVNO) (each of the Supplier and the MVNO being a party and together the Supplier and the MVNO are the parties). Background (A) The Supplier is a mobile network operator in the Territory. (B) The MVNO is a mobile virtual network operator in the Territory. (C) The Supplier has agreed to provide wholesale mobile electronic communications services to the MVNO for resale [on a pre-pay basis OR on a post-pay basis OR on a pre-pay and post-pay basis] in the Territory in accordance with the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Account Manager • means the primary point of contact for each party as notified by each party to the other on or before the date of this Agreement (or in accordance with clause 20.3); Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Charges • means any amounts that have been paid

Sales and marketing agency agreement for services—exclusive—pro-principal

Sales and marketing agency agreement for services—exclusive—pro-principal This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Principal); and 2 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Agent), (each of the Principal and the Agent being a party and together the Principal and the Agent are the parties). Background (A) The Principal supplies the Services (as defined below). (B) The Principal wishes to appoint the Agent as its exclusive agent in the Territory (as defined below) for the [marketing OR marketing and sale] of the Services on the terms of this Agreement. (C) The Agent has agreed to [market OR market and sell] the Services in the Territory on the Principal’s behalf on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement, unless otherwise provided: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Agreement • means the main body of this Agreement, its schedules and appendices, as each may be amended from time to time in accordance with their terms; Bribery Laws • means the Bribery Act 2010 [and associated guidance published by the Secretary of State

View the related q&as about Application

In a situation where there is a biological parent and a step-parent with parental responsibility (PR), can children's social care make decisions based on the view of one parent, when the one with PR opposes/disagrees with the decision?

In a situation where there is a biological parent and a step-parent with parental responsibility (PR), can children's social care make decisions based on the view of one parent, when the one with PR opposes/disagrees with the decision? Parental responsibility means all the rights, duties, powers, responsibilities and authority which by law a parent or a child has in relation to the child and their property. Both the father and mother will have parental responsibility for the child if they were married to each other at the time of the child’s birth. If not married, the father can hold parental responsibility as a result of being named on the birth certificate or by entering into a parental responsibility agreement with the mother. Similarly, a step-parent may also acquire parental responsibility. In the scenario of this Q&A it is slightly unclear whether the biological parent holds parental responsibility or whether it is simply the step-parent who holds parental responsibility. If both hold parental responsibility, each of them may act alone without the other in meeting that responsibility, but there are certain issues that require the consent of anyone holding parental responsibility. If, for example, two parents hold parental responsibility for a

Do there need to be divorce proceedings for an application to be made by way of a notice to show cause to enforce the terms of a separation agreement?

Do there need to be divorce proceedings for an application to be made by way of a notice to show cause to enforce the terms of a separation agreement? A separation agreement is an agreement drawn up between parties either in contemplation of a divorce or prior to finalising the arrangements in a divorce. This can cover a number of different things, such as what should happen with any property, finances and child arrangements. This can be drafted by professionals and can be a formal legal document which can be challenged in court, though it is not legally binding in the same way as a court order. They can carry weight in any divorce proceedings, depending on the contents and the circumstances of the agreement. Where one party does not abide by the terms of an agreement, the other party can make an application by way of notice to show cause to enforce the terms of the agreement. For example, in L v M the wife made an application for the husband to show cause as to why he should not be held to a separation agreement that had been reflected in a draft consent order signed by both parties. In this case, the husband was ordered to make good

Can a person who has leave as a partner under Appendix FM on the ten-year route switch into the five-year route in-country? If so, must they wait until there are less than 28 days remaining on their current leave?

Can a person who has leave as a partner under Appendix FM on the ten-year route switch into the five-year route in-country? If so, must they wait until there are less than 28 days remaining on their current leave? A person applying under Appendix FM as a partner in-country must meet immigration status requirements. These are set out in the Immigration Rules, Appendix FM, paras E-LTRP.2.1–E-LTRP.2.2. These state: ‘E-LTRP.2.1. The applicant must not be in the UK- (a) as a visitor; or (b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application? Immigration Rules, Part 8, para 319C sets out the requirements for partners of Tier 2 (General) migrants when applying for leave to remain. These include that: ‘…(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made. (e) The applicant and the Relevant Points Based System Migrant or Appendix W worker must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicant’s stay in the UK.’ Note that, in relation to an extension of stay, this intention to live together requirement will also have been a requirement for their preceding application for leave to remain/entry clearance in the category. The Home Office Policy guidance (version 02/2020) in relation to PBS Dependants states (under the heading ‘Additional evidential requirement for dependants of Main Applicants whose last grant of leave was not in this capacity’) that: ‘…63. If you are applying as a family member of a PBS migrant or Appendix W Worker and your last grant of leave was not as their dependant

Is it possible to remove an entry from the Register of Judgments and Orders where a judgment has not been satisfied? What is the correct court form, fee and procedure to use?

Is it possible to remove an entry from the Register of Judgments and Orders where a judgment has not been satisfied? What is the correct court form, fee and procedure to use? A judgment registration can only be removed from the register if it was: • entered in error • paid before the court date • cancelled due to full payment being made within one calendar month If a judgment has not been satisfied it can

If a Global Talent applicant is applying for endorsement in the science, engineering, humanities and medicine disciplines under the standard ‘full peer review’ criteria, should the supporting reference letter/s be dated within three months of the date of application? Also, could other supporting documents, not specified in the Immigration Rules or guidance (eg, an additional reference letter and/or a letter from the applicant explaining his CV and publications), strengthen the application? Finally, how should publications be evidenced?

If a Global Talent applicant is applying for endorsement in the science, engineering, humanities and medicine disciplines under the standard ‘full peer review’ criteria, should the supporting reference letter/s be dated within three months of the date of application? Also, could other supporting documents, not specified in the Immigration Rules or guidance (eg, an additional reference letter and/or a letter from the applicant explaining his CV and publications), strengthen the application? Finally, how should publications be evidenced? The eligibility criteria for applications for endorsement in the science, engineering, humanities and medicine disciplines under the standard ‘full peer review’ criteria of the Global Talent route are set out in the Immigration Rules, Appendix Global Talent, paras GTE 8.1, GTE 8.8–GTE 8.10 (as supplemented by the Home Office’s relevant Global Talent caseworker guidance). Information specific to endorsement by peer review can also be found on the dedicated GOV.UK webpage. Each of the endorsing bodies provide specific guidance on peer review applications on their websites, and these are in similar terms (Royal Society, The British Academy and Royal Academy of Engineering). As set out in Practice Note: Global Talent: endorsement criteria, an application for endorsement must include a letter of recommendation from an 'eminent person' within the UK, from the applicant’s own field. While both the Immigration Rules and accompanying guidance provide detail as to the required content of

What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States?

What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States? We have assumed that the matter is not proceeding in the Commercial Court—different rules apply in relation to applications in this court. Putting respondents on notice of applications In civil proceedings before the courts in England and Wales, applications are initiated by the applicant filing an application notice (usually, Form N244). Generally, applications are governed by the procedural rules set out in CPR Part 23 and CPR PD 23A. See Practice Note: Making an application. The application notice should state the applicant's full name and (if not a party already) their address for service—see Practice Note: Serving documents—excluding the claim form and defence—Address for service (CPR 6.23). The general rule is that applications should be served on the other parties, although there are exceptions (CPR 23.4). See also Practice Note: Applications without notice at section When an application can be without notice. One of the exceptions is when an application without notice is permitted by a court order, rule or practice direction. Even where a without notice application would be permitted there are certain duties which befall an applicant, including a duty of full and frank disclosure and, where possible, to give informal notice (where time is shortened, for example, because the application is urgent). If none

Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider?

Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider? For information on the criteria for setting aside a default judgment and factors the court will take into account, we refer you to our Lexis®PSL Dispute Resolution Practice Notes: Obtaining default judgment—general principles and Setting aside default judgment under CPR 13.3. In particular: • applications to set aside default judgment are governed by CPR 13 • the court must set aside default judgment in the circumstances set out in CPR 13.2. This is where the default judgment has been incorrectly or irregularly obtained, ie when the defendant can show he has filed the acknowledgement of service or defence (as appropriate) on time • the court has a discretion to set aside or vary default

Will an Irish national father of child born in the UK after 2006 be considered settled for the purposes of the automatic acquisition of British citizenship under section 1(1) of the British Nationality Act 1981 and, if so, what evidence should they provide of this status for the child’s passport application?

Will an Irish national father of child born in the UK after 2006 be considered settled for the purposes of the automatic acquisition of British citizenship under section 1(1) of the British Nationality Act 1981 and, if so, what evidence should they provide of this status for the child’s passport application? As explained in Practice Note: Who is a British citizen (automatic acquisition)?, under section 1(1) of the British Nationality Act 1981 a person born in the UK or in a qualifying territory is a British citizen if, at the time of their birth, their father or mother is: • a British citizen, or • settled in the UK or in a qualifying territory HM Passport Office published guidance in 2012 on whom is considered to be settled for the purposes of a British passport application. Its policy guidance Immigration and right of abode states: 'Irish citizens are not subject to restrictions when they travel to the United Kingdom. In order for their child to gain British nationality, they would have to be considered as resident here in order to fulfil the requirements of the Act. Irish citizens may be

What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted?

What should I consider if my client wishes to apply under Tier 2 but the sponsor licence is yet to be granted? Can my client apply for leave to remain under Tier 2 even though a new sponsor’s licence has not yet been granted? If an application is lodged under the Immigration Rules pertaining to Tier 2 and a decision is made without your client being in possession of a Certificate of Sponsorship (CoS), you will need to advise your client that it will fall for refusal. If the client’s leave is due to expire shortly and they have been offered a job which will qualify under Tier 2 by an employer that needs to obtain a sponsor licence, it is important to make a request to the Sponsor Licensing Unit for the licence application to be expedited. You should ask for the application to be decided by, or in advance of, the date that the individual’s leave is due to expire. Can I ask the Home Office to hold off on making a decision on the leave to remain application until the licence is granted and the Certificate of Sponsorship is issued? When the Sponsor Licensing Unit was experiencing delays in processing applications, a provision was put in place to this effect. However, this provision has now been withdrawn. It may be possible to persuade individual caseworkers to

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Failure to give reasons while seeking consent to extend an administration–a curable defect? (Re E Realisations 2020 Ltd (in administration))

Restructuring & Insolvency analysis: The joint administrators of E Realisations 2020 Ltd (the company) made two applications. The first application sought a 12-month extension of the administrators’ appointment under paragraph 76(2)(a) of Schedule B1 to the Insolvency Act 1986 (IA 1986). The second application primarily sought a declaration that a previous extension agreed by consent had been valid and that any defects in compliance with the notice provisions in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.54(2), were remedied under IR 2016, SI 2016/1024, r 12.64. Both applications succeeded. Written by Nora Wannagat, barrister at 9 Stone Buildings.

EU—Slovakian courts should have enforced an arbitral award according to ECtHR

Law360: Slovakia violated international law when its courts unjustifiably refused to enforce a US$2m arbitral award issued to an investor whose offer to buy a majority share in the state's main international airport during privatisation was ultimately rejected, the European Court of Human Rights (ECtHR) ruled.

EU study into medical AI highlights the key risks and shortcomings of legal frameworks

Life Sciences analysis: Harriet Hanks, senior associate, Andrew Austin, partner, and Victor Garcia Lopez, consultant, at Freshfields Bruckhaus Deringer discuss the new study from the European Parliament Parliamentary Research Service, which examines medical artificial intelligence (AI) and the particular opportunities and risks that it poses. The authors’ clear view is that AI in the healthcare domain poses specific risks that merit separate consideration from the perspective of legal frameworks and allocation of accountability. They also find the current and proposed frameworks lacking when it comes to medical AI.

Brexit highlights—1 July 2022

These Brexit highlights bring you a summary of the latest Brexit news and legislation updates from across a range of LexisNexis® practice areas.

Legal documents can go directly to Russian Government following withdrawal from representation (Hulley v Russia)

Law360: Mr Justice Robin Knowles in the Commercial Court agreed on 1 July 2022 to let a group of Yukos Oil investors present legal documents to the Russian Federation directly after White & Case LLP stopped representing the state in its dispute over US$57bn worth of arbitral awards.

Damages—no turning back

IP analysis: The winner in an IP infringement action will normally ask the court for an order for procedures to take place so that a proper level of compensation or restitution can be calculated. There are two different ways in which the money can be calculated, namely an inquiry as to damages, and an account of profits. The two remedies are mutually exclusive. The winner has to opt for one or the other. Gregor Grant of Marks & Clerk, considers what happens if the winner opts for one remedy, then later changes its mind.

Jurisdiction and Part 20 claims—timing, evaluation and approach (Golubovich v Golubovich v Mirimskaya)

Dispute Resolution analysis: On appeal, Mr Justice Edwin Johnson held: (i) that it was not an abuse of process for the respondent to argue (following a previous anti-suit injunction (ASI) application) that England was the natural forum for his Part 20 claim; (ii) that the Master had not pre-judged the forum question; and (iii) that the Master had not misevaluated the factors pointing to Russia as the competing natural forum. This judgment will be important for anyone considering the question of forum non conveniens and, more particularly, anyone considering how the court will decide jurisdiction for a Part 20 claim where the court has already accepted jurisdiction in the main claim. Written by Douglas James, barrister at Crown Office Chambers.

Upper Tribunal orders removal of telecoms apparatus for first time (Crawley Borough Council v (1) EE Limited (2) Hutchison 3G UK Ltd)

Property Disputes analysis: The Upper Tribunal (Lands Chamber) has ordered the removal of telecoms apparatus under the Electronic Communications Code in what is understood to be the first ruling of its kind. Written by Jonathan Wills, barrister at Landmark Chambers.

Damages for disrepair-applying Simmons v Castle (Khan v Mehmood)

Property Disputes analysis: The Court of Appeal has held that general damages for breach of a repairing covenant are subject to the 10% Simmons v Castle uplift. This analysis looks at the arguments raised for disapplying the uplift in disrepair cases, and provides a summary of the decision. Written by Thomas Stockton, associate solicitor at MSB Solicitors.

Immigration weekly highlights—30 June 2022

Welcome to the 30 June 2022 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.