Usually a written agreement between insolvency representatives from one or more jurisdictions to aid co-operation in cross-border restructurings/insolvencies, also known as cross-border insolvency agreements.
RationaleIn certain cross-border restructuring or insolvency cases, a protocol between the relevant parties in each different jurisdiction may help co-ordinate the overall process, reduce costs and so increase returns generally for creditors as a whole, wherever located.Protocols are generally written agreements (although occasionally may be oral) dealing with actual and/or potential matters of conflict and can also be called a:•cross-border insolvency agreement (see the UNCITRAL Practice Guide)•compromise agreement•memorandum of understandingThere is no set format for protocols and one of their main benefits is that they can be tailored to fit the circumstances of each case. UNCITRAL has produced a helpful Practice Guide, providing information for practitioners and judges on practical aspects of co-operation and communication in cross-border insolvency cases which includes sample clauses for protocols. It is not intended to be prescriptive, rather to illustrate how the resolution of issues and conflicts could be facilitated.Most protocols to date have been drafted in English or English and one other language, though obviously these may need to be translated into several different languages depending on the jurisdictions involved. For an example of a cross-border protocol, see Precedent: Cross-border protocol for insolvencies or restructurings.Benefits of protocolsThe main benefits of protocols include their ability to:•produce a co-ordinated approach between different courts and office-holders•address the recognition of rights and priorities
Fixed costs in road traffic accident claims NOTE: The Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents applies to accidents which occurred on or after 31 May 2021. The small claims track limit for personal injury claims arising from a road traffic accident has been increased to £5,000 in respect of general damages for pain, suffering and loss of amenity (subject to exceptions set out in CPR 26.6A and CPR 26.6B). For further details see: The RTA small claims protocol—key features checklist. Fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) applies to road traffic accident (RTA) claims: • where the claim includes damages in respect of personal injury; and • where the small claims track would not be the normal track and damages are valued at no more than £25,000 where the accident occurred on or after 31 July 2013 or £10,000 where the accident occurred on or after 30 April 2010 and before 31 July 2013, and • where the accident occurred in England or Wales Fixed costs under Section III of CPR 45 (CPR 45.16 to CPR 45.29) The only costs allowed are: • fixed costs; and • prescribed disbursements • if the case settles after the Court Proceedings Pack has been sent
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Agreement to suspend limitation—standstill agreement This Agreement is dated [insert day] of [insert month] 20[insert year] Parties 1 [Insert full name and address of individual or company name, number and address of registered office] (Party A) 2 [Insert full name and address of individual or company name, number and address of registered office] (Party B) each a ‘Party’ and together the ‘Parties’ The parties agree: 1 Definitions and Interpretation Dispute • means any claim arising out of or connected with [Insert description of the dispute/circumstances giving rise to the dispute]. Proceedings • means court proceedings in England and Wales and any arbitration in relation to the Dispute. Period of Suspension • means the period which begins on the date of this Agreement and continues until it is terminated in accordance with clause 3. 1.1 Save where the context otherwise requires, in this Agreement: 1.1.1 words in the singular include the plural and vice versa; 1.1.2 reference to one gender includes a reference to the other genders; 1.1.3 any reference to a company means any company, corporation or other body corporate, wherever and however incorporated, established or domiciled; 1.1.4 a reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment, and includes any subordinate legislation for the time being in force made under it; 1.1.5 a reference to any Party shall include that
Drafting notes for claim form in s 21 notice accelerated possession proceedings Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following: • proceedings for possession • forfeiture of business leases on the grounds of non-payment of rent • a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods • service of various notices to recover possession of residential properties • practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber) • insolvency legislation of both a permanent and temporary nature For further information and guidance, see: Coronavirus (COVID-19)—implications for property [Archived]. How to use this precedent drafting note for s 21 accelerated possession proceedings A claim for possession using the accelerated possession procedure is made using Form N5B. These drafting notes are for completing form N5B England only. Note that there is a separate form (N5B Wales) where the property is located wholly in Wales. General points when issuing a claim in s 21 accelerated possession proceedings These drafting notes are designed to assist in completing form N5B England, which is the claim form where a private landlord has served a section 21 notice on the tenant of a property located wholly or partly in England let on an assured shorthold tenancy (AST) and wishes to use the accelerated
Dive into our 113 Precedents related to Protocol
Where a stay has been ordered in accordance with paragraph 5.7 of the pre-action protocol for low value claims, if the stay has no end date is it an indefinite stay or is there a 12-month timescale on it? Do we have to serve a copy of this stay on the defendants and within what time frame? Where compliance with either the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents or Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims is not possible before the expiry of the limitation period, the claimant may start proceedings in accordance with CPR PD 8B and apply to the court to stay (ie suspend) the proceedings while the parties take steps to follow the relevant protocol. The claimant must send the claim form together with the order imposing the stay to the defendant. CPR PD 8B, paras 16.1–16.7 are silent on the timescale for sending the claim form and order. For general guidance on complying with court orders, see Practice Note: Judgments and orders—service, compliance, interpretation. Under CPR 3.1(2)(f), the court may stay the whole
If a public body (eg HMRC) fails to reach a decision within a reasonable timeframe where no specific deadline applies, could this be grounds for judicial review? At what point does the 'failure to act' occur? This Q&A considers whether grounds for judicial review could be established if a public body (such as HMRC) delays or fails to reach a decision within a reasonable timeframe where no specific deadline applies. Claims for Judicial review CPR 54.1 states that a 'claim for judicial review' means a claim to review the lawfulness of an enactment or a decision, action or failure to act in relation to the exercise of a public function. Judicial review is generally a remedy of last resort, where there is no alternative remedy (for authority in the context of Tax, see: R v Epping and Harlow General Commissioners ex parte Goldstraw). Permission to commence judicial review proceedings will not be granted if there is an adequate alternative remedy. In a Tax context, it may be beneficial to first consider whether an application can be made to the First-tier Tribunal for a closure notice. A closure notice requires HMRC to bring a formal end to an enquiry. For further information, see Obtaining a closure notice: A Practical Guide to Tax Appeals. Judicial review proceedings can be brought against a public body, including HMRC. HMRC may be subject to judicial
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This week's edition of Public Law weekly highlights includes the latest updates on the conflict in Ukraine and the sanctions against the Russian state, including an update to PPN 01/22 on Russian and Belarusian supplier contracts. Also featured are selected Brexit headlines, including updates on the second meeting of the Specialised Committee on Social Security Coordination, progress in the UK's international trade priorities, as well as the latest post-Brexit guidance and SIs. Coronavirus (COVID-19) updates include analysis of the COVID-19 Inquiry and a report on the rule of law implications of control technologies. Also in this edition, the Advocate General for Scotland's submission of their written ‘indyref2’ case to the Supreme Court; the Ministry of Justice's response to the consultation on improvements to the judicial disciplinary system; the WTO's launch of a database on gender provisions in regional trade agreements; and the HM Treasury's launch of a consultation on public sector exit payments. This edition further includes analysis of the EU Digital Services Act's ban on 'dark patterns', plus additional updates on judicial review, equality and human rights, information law, and subsidy control and State aid. Case analysis this week includes analysis of the latest judicial review and equality and human rights cases, including analyses of the Court of Appeal's ruling upholding the lawfulness of the Mayor of Greater Manchester's decision to implement bus franchising and the Employment Tribunal's ruling on ‘gender critical’ philosophical belief discrimination.
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