Declaration Definition

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Checklist for application of a BVI grant

Checklist for application of a BVI grant Preliminary check Before making an application in the British Virgin Islands (BVI) for a grant of probate or letters of administration , the applicant should obtain at least the following information: • information relating to the deceased: ◦ name ◦ address ◦ domicile as at the date of death ◦ date and place of death ◦ if the deceased has passed away for more than three years, the reason for the delay in grant application ◦ marital status and family members ◦ whether the deceased left a Will; if so, whether the original Will is available; if not, the reason behind it ◦ whether any minority or life interests arise • assets: ◦ details of the BVI situs assets—if it is company shares, the company name, company number, number of shares held by the deceased and name of all company directors are needed ◦ value of the BVI situs assets at the time of application • applicant(s): ◦ name ◦ address ◦ occupation...

Checklist and timeline for a trustee in bankruptcy's possession and sale application in respect of a bankrupt's property

Checklist and timeline for a trustee in bankruptcy's possession and sale application in respect of a bankrupt's property Assistance with the checklist This summary checklist and timeline assumes that the trustee in bankruptcy (trustee) is in a position to issue an application to court seeking an order for the possession and sale of a property in which the bankrupt formerly had an interest that now vests in the trustee under section 306 of the Insolvency Act 1986 (IA 1986). It further assumes that the trustee has written to the owners of the property to attempt to realise their interest in the property without needing to make an application to court, and that it is the right time to make the application. Where the property is of a kind that falls within the scope of IA 1986, s 283A(1), then unless a trustee takes certain steps prior to the third anniversary of the making of the bankruptcy order, which includes applying to court for a possession and sale order, the trustee's...

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Declaration of a director's interests in a proposed transaction or arrangement—flowchart

Declaration of a director's interests in a proposed transaction or

Declaration of a director's interests in an existing transaction or arrangement—flowchart

Declaration of a director's interests in an existing transaction or

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Challenging court jurisdiction—general principles

This Practice Note considers the general principles to consider when challenging or disputing the court’s jurisdiction. A challenge may be brought on the basis that either the court does not have territorial jurisdiction or, where it does, that the court should exercise its discretion not to accept jurisdiction in the matter, eg on the basis of forum non conveniens. The grounds available for challenging the court’s jurisdiction are considered as well as whether a stay must or may be sought in favour of proceedings commenced in a country outside the UK. The Practice Note identifies how to make a challenge either prior to or following commencement of proceedings and explains what is meant by the term ‘jurisdiction’ for the purposes of CPR 11. It also covers challenging court jurisdiction within the UK as well as the interplay between CPR 11 and the Defamation Act 2013 (DA 2013).For detailed guidance on issues relevant when dealing with challenging court jurisdiction, see Practice Notes:•Challenging court jurisdiction—has a party submitted to a jurisdiction?•Challenging court...

Resisting enforcement of an adjudication decision

Produced in association with 4 Pump Court.This Practice Note provides a summary of the options available to a party wishing to prevent enforcement of an adjudication decision, while also highlighting grounds that have failed or been rejected by the court.The courts take a pro-enforcement approach to adjudication decisions, and as set out below the circumstances in which a decision will not be enforced (or a stay of execution granted) are limited. Summary of grounds for resisting enforcementThe court will only refuse to enforce an adjudicator's decision, or grant a stay of execution, in very limited circumstances:•the adjudicator did not have jurisdiction (see Practice Note: Grounds for a jurisdictional challenge in an adjudication)•there was a serious breach of natural justice in the adjudication (see Practice Note: Breach of natural justice in adjudication)•the referring party is insolvent and/or there is a risk of dissipation of the awarded sum (see Practice Note: Adjudication—resisting enforcement using a stay of execution)•fraud during the adjudication (see Practice Note: Fraud in adjudication)•the responding party brings Part 8...

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Ireland—Declaration of a director’s interests in a proposed transaction or arrangement—general notice

Ireland—Declaration of a director’s interests in a proposed transaction or arrangement—general notice The directors [Insert name of company] [(Company)] [Insert address] [Insert date] A director who is in any way, directly or indirectly, interested in a proposed transaction or arrangement with the company of which they are a director must declare the nature and extent of that interest to the other directors in accordance with the Companies Act 2014 (Ireland) (CA 2014 (IRL)), subject to certain exceptions. CA 2014 (IRL) provides that such a declaration be made: • at a meeting of the directors, or • by general notice This precedent form of general notice may be used by a director to declare to the other directors an interest in a proposed transaction or arrangement with the company. A general notice is a notice given to the other directors that a director: • has an interest in a specified company or firm, in each case setting out the nature and extent of that interest, or • is connected with...

Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986

Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986 While both liquidators and administrators can now bring wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986, this Precedent is drafted from the perspective of a liquidator bringing such a claim. Applicant(s): [insert initials and surname] [insert number of witness statement eg 1st] Exhibit: [insert exhibit description] Date: [insert date of witness statement] CASE NO: [insert case number] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [insert location] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [insert location] ] IN THE MATTER OF [insert company’s name] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [Insert name(s) of the aPPLICANT(s)] Applicant(s) AND [Insert name(s) of the respondent(s)] Respondent(s) [INSERT NUMBER] Witness statement of [Insert name...

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Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction?

Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction? An unincorporated association: • is an organisation formed when two or more persons (the members) carry on activities together for a common purpose • does not operate for the purpose of generating profit • is not a separate legal entity from its members and officers, which means that the officers and members are personally liable for the debts and obligations of the association, and • may not enter into contracts, own assets, sue or be sued in its own name The members agree how the unincorporated association is to be governed and run by creating a set of association rules, functioning in a similar way to a company’s articles of association. The relationship between members is, therefore, contractual and based on the provisions of the rules...

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status. Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain cases where they would not be liable under the Road Traffic Act 1988 (RTA 1988) (as RTA insurer). An Article 75 insurer is the insurer who is providing cover against the compulsory risks set out in RTA 1988 and will remain the Article 75 insurer notwithstanding that—(i) the insurance was obtained by fraud, misrepresentation, mistake or non-disclosure of a material fact (even if a RTA 1988, s 152 declaration of entitlement to avoid liability under RTA 1988 has been obtained), and/or (ii) the cover has been...

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Revocation of court orders and declarations (Bayerische Landesbank v RusChemAlliance)

Arbitration analysis: This decision is one of a series of judgments relating to the granting of anti-suit injunctions (ASI) to restrain Russian court proceedings commenced in breach of agreements to arbitrate, arising in connection with the Russian invasion of Ukraine and the measures taken by the Russian government and the Russian courts following the invasion and its aftermath. In this matter, the three claimant banks (Bayerische Landesbank, Landesbank Baden-Württemberg and Commerzbank AG) sought not only the revocation of the final ASIs they had obtained, but also sought the revocation of declarations regarding jurisdiction, governing law, and breach of contract. This decision therefore provides guidance on the circumstances in which the English courts will revoke orders and declarations they have made. Written by Oliver Browne, partner at Paul Hastings (Europe) LLP.

2025 UN Ocean Conference round-up—9–13 June 2025

The 2025 UN Conference to Support the Implementation of Sustainable Development Goal 14 (SDG 14): Conserve and sustainably use the oceans, seas and marine resources for sustainable development (UNOC3) was co-hosted by France and Costa Rica and held in Nice, France, from 9 to 13 June 2025. UNOC3 aimed to accelerate progress towards SDG 14 and explore additional strategies to support its implementation. It brought together a wide range of stakeholders to assess the challenges, opportunities, and progress made in achieving SDG 14. UNOC3 builds on previous UN Ocean Conferences, most recently co-hosted by Portugal and Kenya in Lisbon in 2022. In addition to our round-up of the conference, Helen Mitcheson, Director at CET law, and Kirsty Schneeberger, CEO of Athena Blue, discuss key events from UNOC3.

GLOSSARY

What does Declaration mean?

View the related checklists about Declaration

Checklist for application of a BVI grant

Checklist and timeline for a trustee in bankruptcy's possession and sale application in respect of a bankrupt's property

View the related flowcharts about Declaration

Declaration of a director's interests in a proposed transaction or arrangement—flowchart

Declaration of a director's interests in an existing transaction or arrangement—flowchart

View the related practice notes about Declaration

Challenging court jurisdiction—general principles

Resisting enforcement of an adjudication decision

View the related precedents about Declaration

Ireland—Declaration of a director’s interests in a proposed transaction or arrangement—general notice

Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986

View the related q&as about Declaration

Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction?

View the related News about Declaration

Revocation of court orders and declarations (Bayerische Landesbank v RusChemAlliance)

2025 UN Ocean Conference round-up—9–13 June 2025

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GLOSSARY

Declaration definition

What does Declaration mean?

View the related checklists about Declaration

Checklist for application of a BVI grant

Checklist and timeline for a trustee in bankruptcy's possession and sale application in respect of a bankrupt's property

View the related flowcharts about Declaration

Declaration of a director's interests in a proposed transaction or arrangement—flowchart

Declaration of a director's interests in an existing transaction or arrangement—flowchart

View the related practice notes about Declaration

Challenging court jurisdiction—general principles

Resisting enforcement of an adjudication decision

View the related precedents about Declaration

Ireland—Declaration of a director’s interests in a proposed transaction or arrangement—general notice

Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986

View the related q&as about Declaration

Is a member of an unincorporated association entitled to seek a declaration from the court as to the construction of the rules of the association and if so would the defending party be another member or committee member advocating a different construction?

View the related News about Declaration

Revocation of court orders and declarations (Bayerische Landesbank v RusChemAlliance)

2025 UN Ocean Conference round-up—9–13 June 2025

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Popular Links

HELP & SUPPORT

LEGAL SOLUTIONS

Policies