GLOSSARY
Award definition
What does Award mean?
Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).
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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
An introduction to the Human Rights Act 1998
An introduction to the Human Rights Act 1998 Convention rights The Human Rights Act 1998 (HRA 1998) came into force in October 2000 and aims to give effect to the rights contained in the European Convention on Human Rights (ECHR) (the Convention rights). The ECHR is an international binding treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it only became binding in UK law with the introduction of the HRA 1998. In particular, the HRA 1998 provides: • a remedy in the UK courts for breach of a Convention right without the need for the claimant party to seek redress in the European Court of Human Rights in Strasbourg • that it is unlawful for a public authority (including a court or tribunal) to act in a way which is incompatible with a Convention right • that primary legislation and subordinate legislation must be interpreted in a way which is compatible with the Convention rights • the UK courts with the power to make a declaration of 'incompatibility', if satisfied that a provision of primary legislation is incompatible with a Convention right, and in such event empowering ministers of the Crown to make amendments to that legislation as may be necessary to remove the incompatibility, and • for the preservation of parliamentary sovereignty, in so far as the courts are not
Class actions—Israel—Q&A guide [Archived]
Class actions—Israel—Q&A guide [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note contains a jurisdiction-specific Q&A guide to class actions in Israel published as part of the Lexology Getting the Deal Through series by Law Business Research (published: September 2020). Authors: Erdinast, Ben Nathan, Toledano & Co—Hadas Bekel; Naama Ehrlich; Ran Sprinzak; Tomer Weissman 1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought? Class action claims and motions to certify a personal claim as a class action are brought before the regular civil courts (apart from certain exceptions, such as claims based on labour laws or related to securities or filed against public authorities). The jurisdiction of the court is determined according to the general rules of subject-matter and territorial jurisdiction. In class actions seeking monetary compensation, jurisdiction is acquired according to the total amount claimed on behalf of all class members (article 5(B) of the Class Actions Law 2006 (the CA Law)). The lower legal instance in Israel, the magistrates court, acquires jurisdiction when the amount claimed is less than 2.5 million Israeli shekels. When the amount claimed is above 2.5 million Israeli shekels, jurisdiction is acquired by the district courts (articles 51(A)(2) and 40(1) of the Courts Law (Consolidated Text) 1984). A class action or
Forum non conveniens—requirement for justice
Forum non conveniens—requirement for justice This Practice Note discusses a key consideration that applies in the context of forum non conveniens, namely the requirements of justice. For guidance on: • the principle of forum non conveniens, as well as situations when it may be relevant and its application, see Practice Notes: Forum non conveniens—principles, Forum non conveniens—challenging jurisdiction and Forum non conveniens—service out of the jurisdiction • the connecting factors applicable when applying the principle of forum non conveniens, see Practice Note: Forum non conveniens—connecting factors Where proceedings involve jurisdiction being determined under an international jurisdictional regime, see Practice Notes: Forum non conveniens—principles, Forum non conveniens—challenging jurisdiction and Forum non conveniens—service out of the jurisdiction. Note: this Practice Note refers to the judgment of the Privy Council in AK Investment CJSC v Kyrgyz Mobil Tel. In some law reports this judgment is referred to as Altimo Holdings and Investment Ltd v Kyrgyz Mobil Tel. Standalone assessment The question as to whether there is a ‘real risk’ that substantial justice will not be obtained in the foreign jurisdiction is generally treated as a separate and distinct question from the balancing of the connecting factors undertaken by the court. As explained by the Supreme Court in Vedanta (2019), this is not due to it being an inherently different question but rather that it involves careful analysis of distinctly different evidence. Therefore, a court may
Statement of Changes in Immigration Rules, HC 693—analysis [Archived]
Statement of Changes in Immigration Rules, HC 693—analysis [Archived] This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 693 that are likely to be of most interest to business immigration advisers. It is possible to navigate to specific topics quickly using the Contents bar at the bottom of the page. HC 693 was issued on 16 October 2014 and covers a wide range of new measures including: • the introduction of new procedural rules and Appendix AR, which covers the administrative review (AR) procedure which replaces appeal rights for Tier 4 students and their family members, who have not made a human rights or protection claim • substantive changes to the Tier 1 (Investor) category, further to the government's consideration of a related report from the Migration Advisory Committee which was published earlier in the year • what many commentators are calling the 'final death knell' of the Points-Based System (PBS), with the introduction of genuineness and related subjective tests into various of the remaining PBS categories that were previously unaffected • specific provisions to deal with suspected fraud in relation to English-language testing in relation to applications for limited leave under Appendix FM and Part 8 and for settlement where Appendix KoLL applies (where there is also a similar provision in relation to the Life in the UK test) • numerous minor technical
Drafting the particulars of claim
Drafting the particulars of claim 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. This Practice Note provides guidance on drafting the particulars of claim. It should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and electronic filing of statements of case. Particulars of claim—part of claim form or separate document? The particulars of claim can be included in the claim form or attached to the claim form as a separate document (CPR 7.4). If the particulars of claim are in a separate document they must either be served with the claim form, or within 14 days after service of the claim form; in any event, they must be served no later than the latest date for service of the claim form (CPR 7.4). In addition, the claim form must state that the particulars of claim will follow (CPR 16.2(2)). Particulars of claim served separately to the claim form must include the name of the court in which the claim is proceeding, the claim number, the title of the proceedings and the claimant’s address for service (CPR
Misrepresentation—rescission as a remedy
Misrepresentation—rescission as a remedy This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when rescission is not permissible. For guidance on when a party may recover damages for a misrepresentation or seek to limit/exclude liability for misrepresentation, see Practice Notes: • Misrepresentation—damages as a remedy • Misrepresentations—excluding and limiting liability for them The remedy of rescission in misrepresentation claims A party who was induced to enter into a contract by a misrepresentation may elect to rescind the contract. If the rescission is challenged, that party may seek the assistance of the court to give effect to the rescission. The effect of rescission, where available, is to put the parties back in the position they were in before the contract was made. It is sometimes referred to as rescission ab initio to distinguish it from termination or cancellation that does not nullify the contract, but brings it to an end. Rescission is available as a remedy whether the misrepresentation was fraudulent, negligent or innocent, provided the statement made induced the representee to enter into the contract and it was false. It is an equitable remedy granted in the court’s discretion. Importantly, the representee is not required to show that they suffered any loss. Once the representee has become aware of the false statement that induced them to enter into
Singapore Convention on Mediation
Singapore Convention on Mediation What is the Singapore Convention? The United Nations Convention on International Settlement Agreements Resulting from Mediation was signed in Singapore on 7 August 2019, and is known as the Singapore Convention. The primary goals of the Singapore Convention are to facilitate international trade and promote the use of mediation for the resolution of cross-border commercial disputes (UNCITRAL accession kit). The intention is to have a uniform and efficient framework for the enforcement of international settlement agreements resulting from mediation and for allowing parties to invoke such agreements, akin to the framework that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) provides for arbitral awards (UNCITRAL accession kit). The structure of the Singapore Convention is modelled on the structure of the New York Convention. When does the Singapore Convention come into force? The Singapore Convention came into force on Saturday, 12 September 2020 six months after the deposit at the United Nations of the third instrument of ratification, acceptance, approval or accession as per Article 14—the third ratification being on 12 March 2020. For information, see: Singapore Mediation Convention in force from 12 September 2020—LNB News 19/03/2020 14. The convention is in force for Belarus, Ecuador, Fiji, Honduras, Qatar, Saudi Arabia and Singapore. This information is available on: UNCITRAL status page for the Singapore Convention Signatories On 7 August 2019, 46 countries signed the Singapore
Litigation funding—Austria—Q&A guide
Litigation funding—Austria—Q&A guide This Practice Note contains a jurisdiction-specific Q&A guide to litigation funding in Austria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: April 2022). Authors: Nivalion AG—Marcel Wegmueller; Jonathan Barnett 1. Is third-party litigation funding permitted? Is it commonly used? Third-party funding is permitted in Austria. The Austrian Supreme Court approved litigation funding by third parties in a 2013 decision (OGH, 6 Ob 224/12b). In addition, in 2004 and 2012, the Vienna Commercial Court denied the defendants' objections to third-party funding of the respective claims. Thus, today, litigation funding in Austria is accepted practice and has been judicially endorsed by the Austrian courts. Although the courts did not comprehensively cover all aspects involved, they established an unquestioned and favourable environment for third-party litigation funding in Austria. Compared to other jurisdictions, third-party litigation funding has had a late start in Austria. Recently, it has started to become an established litigation tool, but with regard to the potential market size, it might still be an exaggeration to declare third-party litigation funding to be of common use in Austria. 2. Are there limits on the fees and interest funders can charge? There is no explicit limit on what is an acceptable compensation for the funder's services. However, as a general rule, a third-party funding agreement – as any other agreement under Austrian law – must not
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Buy notice for joint share ownership plan (JSOP) agreement
Buy notice for joint share ownership plan (JSOP) agreement To: [insert name of participant] We refer to the agreement that we entered into on [date] with you and [insert name of the Company whose shares are under the JSOP award] (the Company), under which we jointly acquired shares in the Company with you (the Deed). We have received written confirmation from the Company that the Sell Right has lapsed in relation to [all OR [insert percentage]] of the Participant’s Interest under the Deed, and that the Buy Right may therefore be exercised in relation to it.
Internal investigations and fraud investigation policy
Internal investigations and fraud investigation policy 1 Introduction 1.1 This policy sets out the responsibility of employees and management in relation to the investigation of fraud, bribery, facilitation of tax evasion and other business crime (together, “financial crime”), within [insert organisation name]. We will not tolerate any level of financial crime and are committed to protecting our assets and promoting honesty and integrity. 1.2 [Insert organisation name] is committed to conducting its business in a transparent, honest and fair manner. All staff and third parties working on behalf of [insert organisation name] are expected to adopt the highest standards of accountability in promoting an ethical culture. 1.3 Where financial crime is suspected, [insert organisation name] will commence an independent investigation of the allegations and remediate appropriately. This may include disciplinary procedures, dismissal and/or the provision of information to relevant criminal prosecution agencies. [Insert organisation name] will, in appropriate circumstances, seek to recover funds lost through financial crime committed or facilitated by employees. 1.4 Common scenarios that may trigger an investigation include: 1.4.1 an individual raising a concern internally via a whistleblowing hotline or otherwise (whistleblower); 1.4.2 a response to a regulatory or criminal agency demand; 1.4.3 part of due diligence in advance of a merger or acquisition; 1.4.4 a civil litigation claim; 1.4.5 an internal or external auditor’s report; 1.4.6 media reports; 1.4.7 an external allegation, eg from a customer/client or counter-party. 2 Scope of this policy
Settlement agreement—arbitration
Settlement agreement—arbitration This settlement Agreement is made on [date] Parties 1 [Name of entity], a [type of entity] with [type of liability] incorporated under the laws of [jurisdiction] with its registered address at [address] and with company number [company number] (Party 1); and 2 [Name of entity], a [type of entity] with [type of liability] incorporated under the laws of [jurisdiction] with its registered address at [address] and with company number [company number] (Party 2), each a ‘Party’ and together the ‘Parties’. Recitals: (A) A dispute has arisen between the parties [add relevant detail to give context to the dispute] (the Dispute). (B) On [date], Party 1 commenced arbitration proceedings against Party 2 (the Arbitration). On [date], the tribunal (comprising [arbitrators]) was appointed (the Tribunal). (C) [Provide further background information available to give context to this Agreement, including a brief description of the Arbitration, the arbitration agreement, the rules/procedures governing the Arbitration, whether the Arbitration is being administered by an arbitral institution and the case number (if available).] (D) By this Agreement, the Parties have agreed that they wish to fully and finally to settle the Arbitration and any and all other disputes or differences arising out of or relating to the Dispute. Further, the Parties wish to record those terms of settlement, on a binding basis, in this Agreement. It is hereby agreed as follows: 1 Definitions and interpretation 1.1 In this Agreement:
Legal due diligence questionnaire—private M&A—share purchase
Legal diligence'>due diligence questionnaire—private M&A—share purchase Dated [insert date] Introduction This legal due diligence questionnaire relates to the proposed purchase by [insert buyer name] (the Buyer) of the entire issued share capital of [insert name of target company] Limited incorporated in England and Wales under number [insert company number] (the Company) from [insert seller name] (the Seller) (the Proposed Acquisition). This questionnaire is designed to enable the Buyer, the Buyer's solicitors and other professional advisers involved in the Proposed Acquisition to obtain the information which the Buyer requires to assist in its valuation of the Company. Please answer every question fully. Please provide your answers in italics underneath each question and provide copies of all relevant documentation, ensuring that all answers and documents are clearly marked by reference to the appropriate paragraph of this questionnaire. We reserve the right to raise further enquiries in respect of both your responses to this questionnaire and generally. Definitions Business • means the business of [insert description of the business] and all other activities including those ancillary or incidental to or in connection with such business as carried on by the [Company OR Group] CA 2006 • means the Companies Act 2006; Contractor • means any individual working in a Group Company’s business who is not an Employee or Worker; Data Protection Laws • means as applicable and binding on the Company: (a) Directive 95/46/EC; (b) the Data Protection Act 1998; (c) Directive
Settlement agreement (employment) (short form)
Settlement agreement (employment) (short form) This Agreement is made on [insert date] Parties 1 [Insert Employer’s name] whose registered office is at [insert Employer’s address], company registration number [insert Employer’s company number] (Employer); and 2 [Insert Employee’s name] of [insert Employee’s address] (you) the parties agree: 1 Termination of employment 1.1 Your employment with the Employer [will terminate OR terminated] by reason of [insert reason for termination] on [insert date] (Termination Date). 1.2 You [will be OR have been] paid your accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions (PAYE Deductions)) and [will have OR have] received your contractual benefits[, including a payment of £[insert amount] in respect of [insert number] days’ accrued but untaken holiday entitlement] [ [ and] including any relevant contributions to your personal pension scheme] (less PAYE Deductions) for the period up to and including the Termination Date via payroll in the normal way. 1.3 [Any sums due from you to the Employer[ including [a deduction of £[insert amount]] in respect of [insert number] days’ holiday taken in excess of your accrued entitlement for the period up to and including the Termination Date] [ and] [ including a deduction of £[insert amount] in respect of [set out details of other relevant deductions, eg loan repayments]] [will be OR have been] deducted from the payment referred to in Clause 1.2 before it is made to
List of issues to be determined
List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it be just and equitable to extend time[, having regard in particular to [insert particulars of why the Claimant says it would be just and equitable to extend time, eg the Claimant's ill-health, the Claimant's attempts to seek an internal resolution of his/her/their complaints before submitting tribunal proceedings, the erroneous legal advice given to the Claimant, the fact that the Respondent misled the Claimant]]? (EqA 2010, s 123(1)(b)) Status 5 Was the Claimant
Project management plan—arbitration
Project management plan—arbitration PRIVILEGED AND CONFIDENTIAL [COMPANY NAME] ARBITRATION WITH [NAME] [CASE REFERENCE] ____________________________________ PROJECT MANAGEMENT PLAN ____________________________________ SECTION A—INTRODUCTION 1 Purpose 1.1 This Project Management Plan (the Plan) is intended to provide an overview of the arbitration between [name] (Claimant) and [name] (Respondent). 1.2 The main purposes of the Plan are to: 1.2.1 [Enter text] 1.2.2 [Enter text] 1.2.3 [Enter text] 1.3 This Plan will be kept under review, and will be revised at key stages of the arbitration. The history of the revision of the Plan is as follows: No. Revision Date 1. Original version 2. 3. 2 Definitions 2.1 2.1.1 Claimant(s) in arbitration: (a) [name] (b) [name] 2.1.2 Respondent(s) in arbitration: (a) [name] (b) [name] 2.1.3 [Other definitions] SECTION B—OBJECTIVES AND REQUIREMENTS 3 [Name]’s objectives 3.1 [Name]’s objectives are: 3.1.1 [Enter text] 3.1.2 [Enter text] 3.1.3 [Enter text] 3.2 [Other party]’s likely objectives Objectives Basis 3.3 If the arbitration proceeds all the way to the end of proceedings, [name] seeks an award which: 3.3.1 [Enter text] 3.3.2 [Enter text] 3.3.3 [Enter text] 4 Requirements 4.1 [Name] has the following requirements, for the achievement of the above objectives: 4.1.1 [Enter requirement] 4.1.2 [Enter requirement] 4.1.3 [Enter requirement] 5 Methods of achieving objectives Method Timing Comments Arbitration Commenced on [date]. [Enter comment] Negotiation This may take place at any time. [Enter comment] Mediation This may take place at any time, but the chances of success are improved if it takes place after parties have set out their cases. [Enter comment]
LTIP—contingent award certificate
LTIP—contingent award certificate [insert name of company who granted the award pursuant to the long term incentive plan (LTIP)] (Company) [insert name of LTIP] (Plan) Name Number of Shares under Award Date of Grant Normal Vesting date[ , subject to satisfaction Performance Targets] End of Holding Period This is to certify that you are the holder of a Contingent Award to acquire up to the maximum number of Shares in [insert name of Company whose shares are being granted under award] as stated above. The Contingent Award was granted on the Date of Grant stated in the table above under a global deed of grant executed by the Company [and is subject to the Performance Target(s) attached to this
Claim against a driver for a collision while overtaking
Claim against a driver for a collision while overtaking In the COUNTY COURT AT [insert] Claim No: [insert claim number] Between A B Claimant and X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully travelling along [insert street name, town, county]. As he proceeded along the road, the Defendant’s vehicle, travelling in the opposite direction in the other carriageway, attempted to overtake a parked car in that carriageway and crossed into the Claimant’s carriageway. The Claimant attempted evasive manoeuvres but was unable to avoid head-on a collision with the Defendant’s vehicle. 3 The accident was caused or contributed to by the negligence of the Defendant. Particulars of negligence 3.1 crossing into the Claimant’s carriageway when it was not safe to do so 3.2 attempting an overtaking manoeuvre when it was not safe to do so 3.3 failing
Pre-transfer collective redundancy consultation agreement
Pre-transfer redundancy-consultation'>collective redundancy consultation agreement This Agreement is made on [insert date] Parties 1 [NAME OF COMPANY], a company incorporated in England with registered number [insert company number] whose registered office is at [insert address] (Transferee); and 2 [NAME OF COMPANY], a company incorporated in England with registered number [insert company number] whose registered office is at [insert address] (Transferor). Background (A) As a result of the transaction to be effected by [insert reference to appropriate transaction document or description of transaction], the parties accept that there will be a Transfer of [insert description of business or services transferring] from the Transferor to the Transferee, referred to in this Agreement as the Proposed Transfer. (B) As the Transferee proposes to dismiss by reason of redundancy 20 or more employees at one establishment within a period of 90 days or less, and the Transferring Individuals include at least one In Scope Individual, the parties accept that the obligations in sections 188 to 198 of TULR(C)A apply to the Transferee's proposals. (C) The Transferee [has notified OR gives notice to] the Transferor of its election to carry out Pre-Transfer Consultation and the Transferor consents to such consultation for the purposes of the Proposed Transfer on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement unless the context requires otherwise, the provisions of the Schedule will apply
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Can the court extend time limits in arbitration?
Can the court extend time limits in arbitration? The court's power to extend time limits is set out in various parts of the Arbitration Act 1996 (AA 1996): • AA 1996, s 79 (extension of time to time limits agreed by the parties) • AA 1996, s 12 (extension of time for beginning arbitration proceedings)—see: AA 1996—extension of time for commencing arbitration (s 12)—Extension of contractual time limit—AA 1996, s 12 • AA 1996, s 80(5) (extension of time for bringing a challenge or an appeal)—see Practice Note: AA 1996—time for bringing challenges and appeals, exhaustion of other arbitral processes and extensions of time • AA 1996, s 50 (extension of time for making the award)—see: Arbitral awards—types, requirements and effect—Time limit for making award This Q&A focuses on AA 1996, s 79. Note that AA 1996 only applies to an arbitration seated in England, Wales or Northern Ireland (AA 1996, s 2)—for the meaning of 'seat', see Practice Note: The seat of the arbitration. Time limit agreed by the parties AA 1996, s 79(1) provides that, unless the parties agree otherwise, the court may extend any time limit agreed by the parties 'in relation to any matter relating to the arbitral proceedings' or specified in AA 1996, Pt I (AA 1996, ss 1–84 inclusive) save for the time limit set in AA 1996, s 12 (though in practice there are also other
In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.
In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may
Can out of pocket expenses be claimed under the Armed Forces Compensation Scheme?
Can out of pocket expenses be claimed under the Armed Forces Compensation Scheme? Regular and reserve service personnel (or as the case may be, their family) who have suffered injury, ill health or death caused by service on or after 6 April 2005 may be able to claim under the Armed Forces and Reserve Forces Compensation Scheme. There is no requirement to establish fault and the fact that injury arose from combat is no bar. There are two types of award available: lump sum payment or guaranteed income payments. For lump sum payments, there is a table of tariffs, ranging between £1,200 and £570,000, with the further possibility of a supplementary award in certain defined circumstances. For further information, see Practice Note: Military claims. The Ministry of Defence (MOD)
When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure Rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs?
When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure Rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs? The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 28.3(1) states that: ‘Rule 44.2(1), (4) and (5) of the CPR do not apply to financial remedy proceedings’. That is the foundation of the ‘no order for costs’ principle which generally applies in financial relief proceedings. However, FPR 2010, SI 2010/2955, r 28.3 does not apply to a financial remedy appeal (H v W (cap on wife's share of bonus payments) (No 2)). CPR 44.2, which gives the court a discretion as to costs, applies in such cases. A number of factors apply to the exercise of that discretion under CPR 44.2, including the following: • an unreasonable refusal to engage in Alternative Dispute Resolution may amount to conduct which could result in an adverse order for costs • Calderbank offers are admissible in the costs phase of such proceedings and may influence the outcome of the costs application—see: KS v ND (Schedule 1: Appeal: Costs) • the application under CPR 44.3(5) of the proportionality principle in an assessment of standard costs
Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested purposes? If so, is there any authority for this?
Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested purposes? If so, is there any authority for this? Receipt of personal injury damages by a claimant, unless placed in trust, will affect assessable capital and income as regards means-tested benefits. The capital threshold for most means-tested benefits is £6,000, with an upper limit of £16,000. This figure includes not only the claimant's capital, but also that of a spouse or civil partner or someone with whom they live as such. Between £6,000 and £16,000, the claimant partially loses benefits on a sliding scale. It is important to check that there is no other capital which, when added to the personal injury damages, would take the claimant above
For the purposes of determining the extent to which a termination payment is subject to tax under the new provisions of Income Tax (Earnings and Pensions) Act 2003, when it comes to calculating post-employment notice pay will it make any difference to how those provisions apply in practice if the employee resigns without giving notice, and if the period of notice required to be given by the employee under the contract of employment is shorter than that required to be given by the employer?
For the purposes of determining the extent to which a termination payment is subject to tax under the new provisions of Income Tax (Earnings and Pensions) Act 2003, when it comes to calculating post-employment notice pay will it make any difference to how those provisions apply in practice if the employee resigns without giving notice, and if the period of notice required to be given by the employee under the contract of employment is shorter than that required to be given by the employer? Finance (No 2) Act 2017 enacted a number of changes to the taxation of termination payments, which will apply where an employment terminates on or after 6 April 2018. One of these changes is that the new legislation treats as earnings from employment (ie as taxable) the amount of the termination award paid to an employee that represents the basic pay the employee would have received had the notice period been worked in full. Under the new provisions: • provision is made for a 'termination award' to be split between elements taxable under ITEPA 2003, s 402B and elements within ITEPA 2003, s 403 • provision is made for part of the termination award to be treated as earnings from employment • the extent to which ITEPA 2003, s 402B applies to the termination award is identified by comparing the 'relevant termination award' with 'post-employment
Is a protective award, made by an employment tribunal following an employer's failure to carry out collective redundancy consultation, subject to tax?
Is a award'>protective award, made by an employment tribunal following an employer's failure to carry out collective redundancy consultation, subject to tax? Where, in the context of a collective redundancy exercise, an employer failed to comply with the requirements (under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992)) for statutory consultation, the employment tribunal may make a 'protective award' as a remedy for that failure. Such a protective award is treated as ‘arrears of pay’ for the purposes of Part XII of the Employment Rights Act 1996, with the result that an employee whose employer becomes insolvent can apply to the Secretary of State for it to be paid out of the National Insurance Fund. For further information, see our Practice Notes: • Protective awards • Redundancy—Insolvency and the state guarantee fund Any payment made on termination may be taxable in full, in part or, in limited circumstances, may be fully exempt. In order to determine the extent to which a payment is taxable, the first question to be answered is whether the payment made (or other benefit provided) on or in connection with termination of an employment is taxable as 'earnings' within section 62 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). 'Earnings', for these purposes means: • any 'salary, wages or fee' • any 'gratuity or profit or incidental benefit
Are periodical payments classed as income for the purposes of the normal expenditure out of income exemption for inheritance tax?
Are periodical payments classed as income for the purposes of the normal expenditure out of income exemption for inheritance tax? This Q&A deals with periodical payments relating to an award of damages by the court in a personal injury case or another type of award made further to a court order. Section 1 of the Inheritance Tax Act 1984 (IHTA 1984) imposes an inheritance tax charge on the value of a transfer of value, as
What is the timescale for making an application to the court to determine the reasonableness of the arbitrators fees under section 64(2) of the Arbitration Act 1996?
What is the timescale for making an application to the court to determine the reasonableness of the arbitrators fees under section 64(2) of the Arbitration Act 1996? An application to court under section 64(2) of the Arbitration Act 1996 (AA 1996) is made by issue and the service of an arbitration claim form. CPR 62.4(2) provides that an applicant must serve the claim form on the defendant within one month from the date the claim is issued at court; and that the applicant must file with the court a certificate of service within seven days of service of the claim form on the defendant (CPR PD 62.4). AA 1996, s 64, however, does not specify when an application under AA 1996, s 64(2) is to be issued or whether the application must be made within a particular time after the arbitrator has ordered the applicant to pay the fees in question. There are also no reported cases in which the application or procedure of AA 1996, s 64(2) is addressed. However, AA 1996 includes a similar, albeit distinct procedure in respect of arbitrators’ fees which provides some indication as to the necessary timescale of issuing an application under AA 1996, s 64(2). AA 1996, s 28(2)–(3) enables the court to determine whether or not the arbitrators have charged an unreasonable amount in respect of their fees and expenses.
Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up?
Can call-off agreement under a framework agreement be awarded on different terms to those set out in the original framework? If a tenderer marks-up the call-off terms at mini-competition stage, could the contract be awarded and entered into based on the mark-up? Framework agreements can be set up in a variety of ways under the Public Contracts Regulations 2015, SI 2015/102 (PCR 2015, SI 2015/102). However, PCR 2015, SI 2015/102, reg 33(6) states: ‘Contracts based on a framework agreement may under no circumstances entail substantial modifications to the terms laid down in that framework agreement’ The latitude afforded to the contracting authorities will be set out in the relevant framework agreement itself. Some will allow mini-competitions and variations of certain terms in certain circumstances, some will not. Individual assessment and advice on each framework agreement should be considered. It is possible for a framework agreement to be set up in such a way that there is flexibility in relation to both the way a mini-competition can be run under the framework agreement and the call-off terms that apply. However, many frameworks are set up to apply a much firmer approach in how both mini-competitions can be run and the call-off terms that will apply―in order to try and ensure that call-offs under the framework agreement are PCR 2015, SI 2015/102 compliant. The particular framework agreement will need to
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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.
Trends from the Paris Court of Appeal on arbitrators’ duty of disclosure—lessons from the PRIDE case and the Billionaire case
Arbitration analysis: In two decisions dated 17 May 2022, the PRIDE case and the Billionaire case, the Paris Court of Appeal dismissed two claims for annulment of an award, which were based on an arbitrator’s alleged breach of its duty of disclosure—a component of the arbitral tribunal’s duty of independence and impartiality. This outcome is not surprising, since the French courts rarely annul awards, and even more so on the basis of an arbitrator’s lack of independence and impartiality. However, these two decisions provide insights into the ever-evolving position of the Paris Court on the conditions to challenge an award on this basis. Read together with other recent decisions of the court, they will provide helpful guidance to navigate the arbitral tribunal’s duties, but give little hope for parties wishing to challenge an arbitrator for lack of independence, if the alleged circumstances go back in time and are deemed academic. Written by Flore Poloni, partner & Kimberley Bazelais, associate at Signature Litigation.
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.
PI & Clinical Negligence weekly highlights—30 June 2022
This week’s edition of PI & Clinical Negligence weekly highlights includes a Supreme Court judgment in relation to a metal-on-metal total hip replacement and the Consumer Protection Act 1987. We also have an analysis of a case where a litigation friend was entitled to recover the ATE premium from the child’s damages. In addition, we have our usual round-up of other key cases and news and New Law Journal articles of interest.
Property weekly highlights—30 June 2022
This week's edition of Property weekly highlights includes: more on the recent Supreme Court judgment on the Electronic Communications Code, a reminder of the commencement of the Leasehold Reform (Ground Rent) Act 2022 and the Building Safety Act 2022 and release of a new version of CPSE6.
Arbitration weekly highlights—30 June 2022
This week's edition of Arbitration weekly highlights includes: our coverage of a Court of Appeal's decision where the court upheld an anti-suit injunction preventing proceedings in Canada, and of a commercial court decision on appointment of arbitrators; coverage of arbitration-related decisions from courts in the EU, India, and the USA; and, new development on the modernisation negotiations of the Energy Charter Treaty (ECT) with an agreement in principle reached by contracting parties of the ECT. All this, and more, in our weekly highlights.
Insurance & Reinsurance weekly highlights—30 June 2022
This week's edition of Insurance & Reinsurance weekly highlights includes: updates relating to the Ukraine conflict, coronavirus (COVID-19), cases and decisions, market practice, regulatory developments, dates for your diary and other news highlights reported over the past week.
EU Law weekly highlights—30 June 2022
This week's edition of EU Law weekly highlights includes the EU launching legal action against the UK, following the government’s publication of its Northern Ireland Protocol Bill on 13 June 2022, the Court of Justice considering the arbitration exception set out in Regulation 44/2001, Brussels I, the Council of the EU adopting regulations on gas storage and the Council of the EU and the European Parliament adopting their position on legislative proposals under the ‘Fit for 55’ package. The highlights further include the Energy Charter Conference reaching an agreement in principle on the reform of the Energy Charter Treaty and the Competition Act 1998 (Vertical Agreements Block Exemption) Order and EU Vertical Restraints Block Exemption, Regulation 2022/720, each in force 1 June 2022, having taken different positions on the treatment of the typical restrictions seen in franchise agreements.
Dispute Resolution weekly highlights—30 June 2022
This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the long awaited judgment in Osbourne v Persons Unknown (are NFTs property?) as well as that of the Court of Appeal in AIG Europe SA v John Wood (anti-suit injunctions to support contractual agreements); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.
Property Disputes weekly highlights—30 June 2022
This week's edition of Property Disputes weekly highlights includes: analysis of a Supreme Court decision on whether an operator in occupation of a site with electronic communications equipment in place is an occupier under the Electronic Communications Code, Court of Appeal cases on whether a damages uplift should apply to a housing disrepair claim and whether a landlord was entitled to recover costs incurred in First-tier Tribunal proceedings under a contractual clause relating to service of forfeiture notices, a report on the impact of CVAs on commercial landlords and guidance on the Leasehold Reform (Ground Rent) Act 2022.
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