GLOSSARY

Cap definition

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What does Cap mean?

Abbreviation of ‘market capitalisation’. Capital appreciation (or gain). An increase in an asset's price.

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Power purchase agreement (PPA)—Checklist

What is/check the duration of the agreement? The term of the power purchase agreement (PPA) should coincide so far as practicable with the terms of any loans used to finance the project. It is often calculated from the point where the plant becomes commercially operational, although the PPA will usually come into effect before this to ensure funder certainty and also because there will be provisions dealing with late commissioning. What is/check the export volume? There is normally a minimum contracted volume of electricity that the plant is required to export for sale to the supplier. This may have percentage tolerances attached to it for over- and under-production, and moving outside of these tolerances may affect the power price (typically by way of a reduction, to incentivise a reliable volume of production). What is/check the value of the renewable benefits? There are normally provisions requiring the generator to maintain any accreditations necessary to be eligible for renewable benefits. The generator is also usually required to obtain the necessary accreditations, etc to become eligible for new or replacement benefits applicable to the power station. In some instances, these obligations may be limited so that there is no requirement to incur unreasonable or material costs in order to obtain the new or replacement benefit. Check the definition

The unfair dismissal compensatory award

The unfair dismissal compensatory award An award of compensation for unfair dismissal generally consists of a basic award and a compensatory award. The compensatory award is intended to compensate the employee for financial losses suffered as a result of the unfair dismissal. It may be subject to various increases or deductions. The basic award is considered in Practice Note: The basic award. For guidance on unfair dismissal remedies generally, see Practice Note: Unfair dismissal remedies—general. See also the Lexis®Calculate online calculators: • basic award calculator, and • Lexis®Calculate Employment: unfair dismissal schedule of loss application (and the related Practice Note: Guide to using the Lexis®PSL Employment Schedule of Loss application) Calculation The compensatory award is such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the employee as a result of dismissal and in so far as that loss is attributable to actions of the employer. It is intended to compensate the employee rather than to punish the employer or give a gratuitous benefit to an employee for whom the tribunal feels sympathy. No account should be taken of any period during which losses are caused by something other than the dismissal. In ascertaining the claimant's loss, the employment tribunal must apply the same rule concerning the duty of a person to mitigate their loss as applies to damages recoverable under the common law.

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Letter explaining CFA—conditional fee agreements from 1 April 2013—clinical negligence

Letter explaining CFA—conditional fee agreements from 1 April 2013—clinical negligence Standard CFA (success fee and costs insurance premium not recoverable inter partes) We have discussed various options for funding your costs, such as: • before the event legal expenses insurance, eg under your house or car insurance • via a trade union or other funders • by legal aid • [add any other method you may have discussed] It appears that none of these options is available or suitable and we have therefore agreed to act on a no-win-no-fee basis. This is called a conditional fee agreement or CFA and we have enclosed the agreement with this letter. We are satisfied that the CFA is suitable for your needs and takes account of your best interests. Key features of no-win-no-fee The table below shows what you will be liable to pay if you win your case and whether you can claim those costs from your opponent. Costs you are liable to pay if you win your case Can you claim these costs from your opponent Our base costs, which depend on how much time we spend on your case and are calculated on the hourly rates set out in the attached CFA Generally, you can expect to recover a proportion of our base costs from your opponent—usually in the region of two thirds.Certain factors can reduce the amount of base costs

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 an

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Would the residence nil rate band be available where an individual’s Will contains a nil rate band discretionary trust and a gift of the residuary estate to their children and where there is a qualifying residential property interest within the estate as well as cash exceeding the basic nil rate band threshold?

Would the residence nil rate band be available where an individual’s Will contains a nil rate band discretionary trust and a gift of the residuary estate to their children and where there is a qualifying residential property interest within the estate as well as cash exceeding the basic nil rate band threshold? For general information on the residence nil rate band (RNRB), see Practice Note: IHT—residence nil rate band. The RNRB is available to be set against a deceased individual’s whole estate up to the value of a qualifying residential property interest (QRI) passing to qualifying beneficiaries. The RNRB is only available where a QRI is ‘closely inherited’ on the deceased’s death, meaning that it passes to defined lineal descendants. The availability of the RNRB will depend on the precise wording in the Will as this will affect the calculation of the amount passing into the nil rate band discretionary trust (NRBDT), including whether or not there is a transferable nil rate band (NRB) being claimed which might increase the amount passing into the NRBDT. It will also depend on whether or not there is a transferable RNRB which the personal representatives (PRs) would also like to claim, the value of the QRI itself (ie whether it exceeds the RNRB and transferable RNRB, if claimed) and value of the whole estate. Subject to those points, the PRs are likely

Can a CIC be a partner in a general partnership?

Can a CIC be a partner in a general partnership? The principal legislation governing Community Interest Companies (CICs) is contained in: • Companies Act 2006 • Companies (Audit, Investigations and Community Enterprise) Act 2004 (C(AICE)A 2004) • Community Interest Company Regulations 2005, SI 2005/1788 (the CIC Regulations) • Community Interest Company (Amendment) Regulations 2014, SI 2014/2483 C(AICE)A 2004, s 26 provides that a CIC can be: • a company limited by guarantee (with or without a share capital) • a private company limited by shares, or • a public company limited by shares A general partnership is defined in section 1 of the Partnership Act 1890 (PA 1890) as being ‘the relation which subsists between persons carrying on a business in common with a view to profit’. As such the partners in a partnership can be individuals, corporations, other partnerships or a combination of these (section 5 of Schedule 1 to the Interpretation Act 1978 (IA 1978)). It is therefore possible to have a partnership where some or all of the partners are limited companies. As CICs are intended to use their assets, income and profits for the benefit of the community, the CIC Regulations, SI

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In-house Advisor weekly highlights—11 August 2022

Welcome to this week’s edition of the In-house weekly highlights, a curated summary of news analysis and new content from across the legal landscape. These highlights focus on key risk & compliance, commercial, corporate, information law and employment developments that will be relevant to most in-house lawyers.

Life Sciences weekly highlights—11 August 2022

This week's edition of Life Sciences weekly highlights includes analysis of the English court’s jurisdiction to decide COVID-related business interruption matters as upheld in AI Mana Lifestyle Trading v United Fidelity Insurance, as well as, news of a crackdown prohibiting hayfever treatment advertisements for Kenalog injections, launch of a new complex generic drugs webpage by the US FDA, the issuance of further EU medical devices guidance and a demand from the MedTech Europe trade association to address concerns regarding the over-regulation of medical devices that fall under multiple regimes, such as AI health apps.

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