GLOSSARY

Response definition

Published by a LexisNexis Construction expert

What does Response mean?

The term used in adjudication for the defence'.

Usually required, at the behest of the adjudicator to be delivered within seven to 14 days of the Referral setting out the Respondent's statement of case.

Minimise

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Adjudication—the Response

Produced in association with 4 Pump CourtThis Practice Note looks at the responding party’s defence to a Referral Notice in an adjudication—typically called the Response. The purpose of the Response is to set out clearly and concisely the responding party’s case—effectively comprising its pleadings, evidence, opening and closing submissions all rolled into one. This Practice Note considers the entitlement/requirement to serve a Response, the deadline for doing so, and issues that can be included in a Response, as well as providing practical tips for drafting it.Other helpful summaries on issues which may be relevant are available in Checklists: Key issues to consider on receipt of a Notice of Adjudication and Key issues to consider when preparing an Adjudication Response.Entitlement to serve a ResponseThe Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts do not expressly provide for any response from the responding party to either the Notice of Adjudication or the Referral Notice. However, the adjudicator has a general power to issue directions relating to the conduct of the adjudication and one of those directions will invariably be the service of a Response. It would be a breach of natural justice not to permit the responding party any opportunity to present its case—see CJP Builders v William Verry and Practice Note: Breach of natural justice in adjudication.If the adjudication

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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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

Personal data sharing agreement—independent controllers—one-way

Personal data sharing agreement—independent controllers—one-way This Agreement is made on [date] Parties 1 [insert name of disclosing party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Disclosing Party), and 2 [insert name of receiving party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Receiving Party), (each of the Disclosing Party and the Receiving Party being a party and together the Disclosing Party and the Receiving Party are the parties). Background (A) The parties have identified a requirement to share the Shared Data for the Permitted Purpose. (B) The parties have decided to create a framework for the [systematic OR ad-hoc OR one-off] sharing of the Shared Data, which is likely to require sharing of the Shared Personal Data. (C) The Disclosing Party considers that it may share the Shared Personal Data with the Receiving Party on the legal basis of the Permitted Lawful Basis. (D) [The parties have completed a data protection impact assessment in respect of the planned sharing of the Shared Personal Data under this Agreement, and have agreed that this Agreement will assist with mitigating certain risks that have been identified.] (E) The parties’ objectives in sharing the Shared Personal Data, and the reasons why that is necessary, are set out at paragraphs 1

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Under the Taking Control of Goods procedure, can an enforcement agent seize and sell the judgment debtor’s narrow boat on the basis that it is an asset, notwithstanding that it is the judgment debtor’s home and where they have no other assets and only a modest income?

Under the Taking Control of Goods procedure, can an enforcement agent seize and sell the judgment debtor’s narrow boat on the basis that it is an asset, notwithstanding that it is the judgment debtor’s home and where they have no other assets and only a modest income? In this response we have focused on goods which are exempt from seizure under the Taking Control of Goods

Where a claim form and particulars of claim issued via MCOL is served on the defendant at an incorrect address does the claimant need to amend the address on the claim form or is the claimant able to serve it on the defendant at the correct address without any amendment?

Where a claim form and particulars of claim issued via MCOL is served on the defendant at an incorrect address does the claimant need to amend the address on the claim form or is the claimant able to serve it on the defendant at the correct address without any amendment? Issuing a claim via MCOL As explained in CPR PD 7E, a claimant may request the issue of a claim form by completing and sending an online claim form and paying the issue fee using Money Claim Online (MCOL). The claimant is not obliged to file and serve the particulars of claim online and has the option instead of doing so separately. If so, the normal rules for service apply and the claimant must file a certificate of service. Stating the incorrect address on the claim form Where the incorrect address is given upon completing the claim form and issuing the claim, the MCOL’s User Guide for Claimants advises that ‘you may be required to amend the claim. This may include a formal application with a fee and/or require the claim to be re-served and will take time to resolve’. Amend or serve? While serving the claim form (together with the ‘claim pack’) on the defendant at the correct address may seem like a potential solution, a closer examination of the rules and

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Public Law weekly highlights—11 August 2022

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.

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.

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162 Adjudication under the Scheme for Construction Contracts

162 Adjudication under the Scheme for Construction ContractsThe adjudication process under the Scheme for Construction Contracts (‘the Scheme’)1 begins when the party bringing the adjudication (the ‘referring party’) gives written notice (the ‘notice of adjudication’) to every other party to the contract of his intention to refer a dispute to adjudication. The notice of adjudication should set out brief details of the dispute and the parties involved, details of where and when the dispute has arisen, the nature of redress which is sought and the names and addresses of the parties to the contract. It remains unsettled whether the requirements of Paragraph 1(3) of the Scheme are directory or mandatory2. A copy of this notice is sent to the adjudicator named in the contract, if any, or to one of the bodies (‘Adjudicator Nominating Bodies’) that offer an adjudication nominating service3. If the request is made to an Adjudicator Nominating Body4, then that

Response is referenced 1 in Encyclopaedia of Forms and Precedents

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