GLOSSARY
Information definition
What does Information mean?
A formal statement made to the magistrates’ court (either in writing or orally) to obtain the issue of a summons or warrant under section 1 of the Magistrates’ Court Act 1980. Private prosecutions are commenced by laying an information as opposed to the written charge/requisition procedure (CJA 2003, s 30(4)(b)).
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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
GPhC—Decisions of the Fitness to Practise Committee
GPhC—Decisions of the Fitness to Practise Committee For information on the role, powers and procedures of the Fitness to Practise Committee of the General Pharmaceutical Council (GPhC), see Practice Note: GPhC—Fitness to Practise Committee. Decisions of the Fitness to Practise Committee If the Fitness to Practise Committee (FtPC) determines that the fitness to practise of the person concerned is impaired, it may: • give a warning to the person concerned in connection with any matter arising out of, or related to, the allegation and give a direction that details of the warning be recorded in the Register • give advice to any other person or other body involved in the investigation of the allegation on any issue arising out of, or related to, the allegation • give a direction that the entry in the Register of the person concerned be removed • give a direction that the entry in the Register of the person concerned be suspended, for such period not exceeding 12 months, as may be specified in the direction, or • give a direction that the entry in the Register of the person concerned be conditional upon that person complying, during such period not exceeding three years as may be specified in the direction, with such requirements specified in the direction as the FtPC thinks fit to impose for the protection of the public or otherwise in the
Legislation guide for transactional lawyers—UK Prospectus Regulation
Legislation guide for transactional lawyers—UK Prospectus Regulation This legislation guide lists UK legislative materials relevant to transactional work on debt capital markets prospectuses, including the UK Prospectus Regulation, level 2 measures and statutory instruments (SIs), together with relevant proposals and consultations. No. document Points to note Further guidance Retained EU legislation 1 Retained Regulation (EU) 2017/1129 (UK Prospectus Regulation) The version of the UK Prospectus Regulation accessed by the link in the preceding column in this row incorporates the amendments made by the Prospectus (Amendment etc.) (EU Exit) Regulations 2019, SI 2019/1234 and the Financial Services (Miscellaneous Amendments) (EU Exit) Regulations 2020, SI 2020/628. For an explanation of the onshoring of the EU Prospectus Regulation and level 2 measures under the European Union (Withdrawal) Act 2018 (EU(W)A 2018), and the amendments made by SIs, see Practice Note: Brexit—UK listing and prospectus regime.For detailed information on requirements of the UK Prospectus, including the areas in which it diverges from the EU Prospectus Regulation, see Practice Notes:The Prospectus Regulation—essentials The Prospectus Regulation—is a prospectus required? The Prospectus Regulation—approval of prospectuses and single passport The Prospectus Regulation—prospectus format and contents 2 Commission Delegated Retained Regulation (EU) 2019/980 (UK Prospectus RTS 1) 3 Commission Delegated
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
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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
Warranty limitations—pro-seller—share purchase agreement
Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties Replace Schedule 5 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form with the following schedule: 1 General 1.1 The following provisions of this Schedule [5 OR [insert schedule number for limitations on the warranties schedule]] shall, subject to their terms, limit the liability of the Seller in relation to a Claim[ and, where specifically provided, a Tax Covenant Claim] except where such Claim[ or Tax Covenant Claim] arises as a result of fraud on the part of the Seller. 1.2 The Seller shall not be liable for any Claim unless written particulars of it
Confidentiality clauses
For insertion in a sale contract The Seller and the Buyer agree that: • except where such disclosure is required in order to comply with the requirements of any statutory or other competent authority [or for the purpose of any subsequent dealing with or financing of the Property or notification of occupational tenants], neither of them shall disclose to any third person[, except the
Step-in rights and SRA compliance clauses: law firm outsourcing agreement
1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information means any and all confidential information (whether in verbal, written or electronic form), including technical or other information imparted in confidence or disclosed by one party to the other, or otherwise obtained by one party relating to the other’s business, finance or technology, know-how, intellectual property, assets, strategy, products, services, customers, former customers, clients and former clients, including without limitation information relating to any person, firm or organisation associated with that party; Control means that a person owns directly or indirectly more than 50% of the shares or securities of the other person representing the right to vote on all or substantially all matters including the election of directors and ‘Controls’ and ‘Controlled’ shall be interpreted accordingly; Dependencies means the dependencies or requirements in respect of Customer (if any) set
Clauses—freedom of information
1 Freedom of information and environmental information 1.1 You acknowledge that the Company is subject to the requirements of the Freedom of Information Act 2000 (‘FOIA’)[ and the Envi
Property due diligence report—share or asset purchase
Property due diligence report—share or asset purchase A. Executive summary 1 Scope of review For the purposes of this report we have reviewed the following properties [insert details of the properties], (the ‘Properties’). 2 Basis of the review 2.1 Information relating to the Properties for the purposes of conducting our due diligence exercise and preparing our report has been sourced from the following: 2.1.1 documents provided in the due diligence [data room OR files] as set out in the index in Schedule [insert number]; 2.1.2 responses to the due diligence questionnaire and further enquiries as set out in Schedule [insert number]; 2.1.3 results of searches of the following public registries: (a) [ [HM Land Registry;] (b) [the Land Charges Registry;] (c) [Register of Local Land Charges;] (d) [Registers of Common Land; and] (e) [add any additional searches made].] 2.2 We have conducted no other searches, enquiries or investigations into the [Target Business OR Target Group]. 3 Summary of Investigations and material issues The tables below summarise the matters relating to the Properties which we consider to be major issues in the Proposed Transaction. Where possible we have endeavoured to provide an
Property due diligence questionnaire for share or asset purchases
Property queries to be included in a due diligence questionnaire for an asset or share purchase Real property 1 1.1 Please provide details of all properties owned, occupied or used [by any Group Company OR in connection with the Business] (the Properties), including whether freehold or leasehold. 1.2 In respect of the Properties, please provide the following information: 1.2.1 full address; 1.2.2 approximate size of site and total size of buildings; 1.2.3 legal owner; 1.2.4 details of occupiers; 1.2.5 permitted use for planning purposes (together with copies of planning permissions), actual use and previous uses; 1.2.6 local authority for local search purposes; 1.2.7 Land Registry title numbers; 1.2.8 plan capable of being used for local authority search purposes; 1.2.9 location of original title deeds (together with copies);
Expert determination clause
1 Expert determination 1.1 Any dispute arising out of or in connection with this Agreement [or any aspect of the technology underlying the provision of the Services] [or which otherw
Sold with information clauses
1 Definitions Contamination the presence or accumulation of any Hazardous Substances at, in, on or under the Property Contaminated Land Regime means the contaminated land regime set out in Part IIA of the Environmental Protection Act 1990 as amended from time to time and any statutory instrument or guidance issued under it Environment all or any of the following; namely air (including the air within buildings or other
Intellectual property rights ownership clause
1 Definitions 1.1 In this clause: Background Intellectual Property means any and all Intellectual Property Rights that are not Foreground Intellectual Property, owned or controlled by the relevant party or licensed to the relevant party prior to or outside the Project but required for the purposes of the Project or for the proper use of the Technology; Foreground Intellectual Property means all Intellectual Property Rights and other matter capable of being the subject of intellectual property rights that is conceived, first reduced to practice or writing or developed in whole or in substantial part in the course of the Project; Intellectual Property Rights means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases,[ data exclusivity rights,] [ approvals,] [ utility models,] domain
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On a sale by auction of commercial property using RICS Common Auction Condition 3rd Edition, a special condition requires the buyer to reimburse the seller for the cost of pre-exchange searches undertaken in respect of the property. However, the buyer's solicitor has refused to pay these costs on the ground that the amount of the cost incurred was not included on the front page of the auction. Are there grounds for the buyer to not pay?
On a sale by auction of commercial property using RICS Common Auction Condition 3rd Edition, a special condition requires the buyer to reimburse the seller for the cost of pre-exchange searches undertaken in respect of the property. However, the buyer's solicitor has refused to pay these costs on the ground that the amount of the cost incurred was not included on the front page of the auction. Are there grounds for the buyer to not pay? It is common for property sold at auction to be subject to the RICS Common Auction Conditions (now on the 4th Edition). These are standard contractual terms, and make clear that the general conditions apply to the contract except to the extent that it is varied by special conditions or by an addendum. By condition G1.9, the buyer buys with full knowledge of the documents, whether or not the buyer has read them. This includes the terms of sale. It is also common that additional fees and costs in addition to the sale price may have to be paid by the successful
Can the transferable nil rate band and transferable residence nil rate band be claimed when the first spouse died in 1971?
Can the transferable nil rate band and transferable residence nil rate band be claimed when the first spouse died in 1971? This Q&A considers whether the transferable nil rate band (NRB) and the transferable residence nil rate band (RNRB) are available when the first spouse died in 1971, which is before the introduction of inheritance tax (IHT) on 18 March 1986. Transferable NRB In order to claim the transferable NRB, it is necessary for the individuals to have been married or in a civil partnership at the date of the first death. For spouses, it does not matter when the first death occurs, although the second death must be on or after 9 October 2007. For civil partners, the first death must occur on or after 5 December 2005 (ie the introduction of civil partnerships) and the second death on or after 9 October 2007. As the question refers to a spouse, we have assumed that the individuals concerned were married at the date of the first death. Therefore, assuming that the second spouse died on or after 9 October 2007, the transferable NRB can be claimed even though the first spouse died in 1971. However, there may be evidential issues with making a claim. The regime in force at the date of the first spouse’s death was estate duty. Estate duty included a tax-free amount which, under paragraph
Can a long leaseholder who is also co-owner of the freehold extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993?
Can a long leaseholder who is also co-owner of the freehold extend their lease under the Leasehold Reform, Housing and Urban Development Act 1993? The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) grants leaseholders, amongst other things, the right to add a 90-year term to their existing lease at a peppercorn rent provided that the leaseholder meets certain qualifying requirements. The right is individual to the leaseholder, so does not need collective action by other leaseholders in the building. Provided the necessary formalities are complied with, the landlord is compelled to grant a lease extension. Where there are disagreements, such as in respect of the premium due to the landlord as a result of the lease extension, those disputes can be referred to the First Tier Tribunal (Property Chamber) for determination. The requirements for a tenant to be entitled to the right to extend the lease are contained in
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
What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land?
What obligations does an occupier of land have to a neighbour where Japanese knotweed has spread from their land to neighbouring land? An occupier of land could face liability for the spread of Japanese knotweed to neighbouring land in a number of ways, including: • under section 14 of the Wildlife and Countryside Act 1981 (WCA 1981), which makes it an offence to plant or cause Japanese knotweed to grow • under section 34 of the Environmental Protection Act 1990, which imposes a duty of care on people dealing with controlled waste (Japanese knotweed), to take reasonable steps to keep that waste safe • through a claim for private for private nuisance For more information see our Practice Notes: Japanese knotweed—legal framework and Japanese knotweed—management, which also cover the amendments to the WCA 1981, added by the Infrastructure Act 2015, concerning Japanese knotweed and species control agreements and orders. Private nuisance This Q&A concerns the spread of Japanese knotweed to neighbouring land and so it involves a focus on private law/civil liability principles. Allowing Japanese knotweed to spread to neighbouring land could constitute a private nuisance, which the neighbour may seek a remedy for. Our Practice Note: Private nuisance—general principles explains that private nuisance is concerned with the unlawful
When can a tenant be liable for contaminated land?
When can a tenant be liable for contaminated land? STOP PRESS: The Environmental Permitting (England and Wales) Regulations 2016, SI 2016/1154 come into force on 1 January 2017. The regulations consolidate all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675 rather than making any substantive policy changes. We will be updating our content to reflect these changes as soon as possible. Contaminated land regime The contaminated land regime contained in the Environmental Protection Act 1990, Part IIA ( EPA 1990, Pt IIA) places a statutory duty on local authorities to identify 'contaminated land' in their area and to secure remediation. If a site is investigated or designated as contaminated land, the local authority will look first for any Class A 'causers' or 'knowing permitters'. If no Class A persons can be found, the current Class B owner or occupier may be liable. See Practice Note: Contaminated land—who may be liable? Tenant legally excluded as Class B occupier paying a rack rent Where there are no Class A persons and two or more Class B persons have been identified (eg the landlord as owner and the tenant as occupier), the statutory guidance seeks to exclude from liability a Class B person who does not have an interest in the capital value of the land in question. It excludes from liability any Class B person who:
What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence?
What is the procedure in the small claims court for relying on a statement made otherwise than by a person giving oral evidence? Small claims track—case management Claims on the small claims track are known as small claims and are governed by CPR 27 and CPR PD 27. Parties on the small claims track often act in person (known as litigants in person) and so the case management provisions have been focused and designed to make the dispute resolution process as quick, cheap and straightforward as possible. For further guidance on case management in relation to litigants in person, see Practice Note: Litigants in person—case management and relief from sanctions. The court has a very wide discretion as to the conduct of the proceedings. It is important to be aware that: • many parts of the CPR do not apply to small claims eg CPR 33, which includes provisions on dealing with hearsay evidence which might otherwise apply in these circumstances—see CPR 27.2 for a full list • recoverable costs are very limited The court can adopt any procedure it believes to be fair and appropriate to the dispute. Generally, the strict evidence rules don't apply, evidence does not need to be on oath and the court can limit
When seeking an order for sale, having obtained a final charging order, does one have to comply with pre-action protocol prior to issuing a Part 8 claim form?
When seeking an order for sale, having obtained a final charging order, does one have to comply with pre-action protocol prior to issuing a Part 8 claim form? In answering this Q&A we have limited our research to cover pre-action requirements when seeking an order for sale. We assume you are referring to applying under CPR 8 for an order for sale to enforce a final charging order against a property CPR PD 8A, para 3.1 sets out the types of claims for which the Part 8 procedure may be used. The claimant must use the Part 8 procedure for applications to enforce charging orders by sale under CPR 73.10C, para 4. For more information on Part 8 claims and enforcing charging orders, see Practice Notes: CPR Part 8 claims (alternative procedure for claims) and Order for sale—how to enforce a charging order. No specific provision regarding the applicability of the pre-action protocols in a Part 8 claim to enforce a charging
If an employer is looking to sponsor an existing employee with Tier 4 leave, can the employee be sponsored in a different role than what they were doing previously (eg a part time sales assistant applying for a full-time sales manager role)? Would the position change if the prospective employer is in the process of obtaining a sponsor licence?
If an employer is looking to sponsor an existing employee with Tier 4 leave, can the employee be sponsored in a different role than what they were doing previously (eg a part time sales assistant applying for a full-time sales manager role)? Would the position change if the prospective employer is in the process of obtaining a sponsor licence? To work in the UK, a person must be either: • a British citizen • an EEA national, or • have specific permission from UK Visas and Immigration (UKVI) Permission from UKVI is stated on a person’s biometric residence permit (BRP). Tier 4 leave usually comes with permission to work up to 20 hours a week during term-time. With this permission, our example employee does not need to be sponsored by their employer in their current part-time role. See page 50 of the Home Office: Tier 4 of the Points-Based System—Policy Guidance for specific information. If our example employee wants to work full time (other than during vacations or for a limited period at the end of their course), beyond the expiration of their Tier 4 leave, they will need to apply for leave under Tier 2, which is for sponsored employees. The restrictions on sponsoring an employee under Tier 2
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
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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.
UK Competition law—daily round-up (04/07/2022)
A round-up of UK competition law developments including (amongst other things) the CMA’s decision that Carpenter Co/Recticel NV/SA meets the test for reference to phase 2.
Better choice could cut pension buyout costs by £100bn
Law360: Defined benefit (DB) retirement plans could lower buyout costs by as much as £100bn by offering members a broader range of choices for accessing benefits according to financial services consultancy Hymans Robertson.
UK Competition law—daily round-up (01/07/2022)
A round-up of UK competition law developments including (amongst other things) the endorsement of Marcus Booerink as chairman of the CMA by the Business, Energy and industrial Strategy Committee.
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.
UT upholds FTT decision that ‘half-baked’ property transactions do not constitute a trade (Foundation Partners v HMRC)
Tax analysis: In Foundation Partners, the Upper Tribunal (UT) dismissed the general partnership’s appeal against the decision of the First-tier Tax Tribunal (FTT) that its activities as carried out in the 2008–09 tax year did not constitute a trade.
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.
What emerging superfunds mean for booming pension deals
Law360, London: The retirement industry this year is expecting the first UK companies to begin transferring their pension liabilities into a new type of investment fund, issuing a new challenge in the booming market for pensions deals so far dominated by insurance buy-in deals.
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