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GLOSSARY

Section 2 definition

What does Section 2 mean?

This section covers the information to be given to a person on arrest. The arrest is not lawful if the person arrested is not informed by reason of the arrest, or as soon as is feasible following, the arrest.

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Grounds for challenge in a public procurement process—checklist

Grounds for challenge in a public procurement process—checklist This Checklist examines the grounds for challenge in a public procurement process. Procurement challenges are restricted by time limits and bidders need to be aware of how to rectify any breaches as soon as possible. This Checklist sets out the limitation period under the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 and the relevant factors that can affect the date this starts. This Checklist also pinpoints potential grounds for challenge in relation to Selection Questionnaires, invitations to tender and standstill letters. Limitation in public procurement proceedings Procurement challenges are subject to relatively short limitation periods. It is therefore important that bidders are alive to potential breaches arising during the procurement process itself. Where a breach occurs, an analysis as to what, if any, action the bidder wishes to take must be undertaken quickly. The courts have consistently held that a bidder that chooses to sit on its hands and await the outcome of the procurement process will not be able to...

Successor practice—checklist

Successor practice—checklist For law firms, whether you are thinking of merging, acquiring a practice, selling up or closing down, the successor practice rules will almost always be relevant. It is very important you consider these rules and how they will impact the transaction as the results are often unexpected, expensive and ultimately can create unacceptable risks for one or other party or indeed both. It is vital to understand the implications of your plans. If the parties work together, it is often possible to mitigate risks sufficiently to enable a transaction to proceed where otherwise it may fail. As always knowledge is power. It is rare that the acquisition of any part of a law firm will not lead to the acquiring business becoming a successor practice—you are probably best to assume this is the case. Section 1 seeks to set out how a successor practice is created. If you believe your transaction can avoid the creation of a successor practice, eg you are only acquiring client matters, take advice...

Discover our 24 Checklists on Section 2

Implementation and enforcement of World Trade Organization panel and Appellate Body reports and recommendations

Implementation and enforcement of World Trade Organization panel and Appellate Body reports and recommendations This Practice Note provides practical guidance on the implementation and enforcement of World Trade Organization’s (WTO) panel and Appellate Body reports and recommendations. The guidance covers the principle of prompt compliance and what occurs if there are any disagreements on prompt compliance. The surveillance of compliance aspect is covered as well as how Member States may obtain either compensation as a result of non-compliance or how to obtain authorisation to suspend concession or obligations under the covered agreements. Introduction The WTO dispute settlement system is dependent on the actual implementation of any finding or recommendation made by either the panel or the Appellate Body for it to be an effective dispute resolution mechanism. The Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) sets out rules to ensure that panel and Appellate Body findings and recommendations are implemented. The DSU also caters for situations where there is a lack of...

Trusts of land—practice and procedure

Trusts of land—practice and procedure Part 7 or Part 8? Prior to April 2007, the practice direction to CPR 8 provided that where before 26 April 1999, a claim in the High Court was begun by an originating summons, that claim should be issued under the Part 8 procedure. Claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) were, prior to 26 April 1999, begun by originating summons so it was previously thought that the Part 8 procedure was the correct procedure. The present practice direction to Part 8 instead lists those claims that may be commenced using the Part 8 procedure, which does not include claims under TOLATA 1996. Claims should therefore be issued under the Part 7 procedure unless there is unlikely to be any substantial dispute of fact or a rule or practice direction requires or permits use of the Part 8 procedure. If the dispute concerns the extent of a party's beneficial interest in property, it will likely involve a factual...

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Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent)

Letter of claim—following rescission of a contract for misrepresentation (fraudulent, negligent or innocent) [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR, IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM We write further to our letter dated [insert date of previous correspondence, if any]. [As you know, we OR We] are instructed by [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the sent in accordance with the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) of the Civil Procedure Rules, a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter which sets out the deadline by which your response is required and consequences of failing to respond properly within...

Claim against a driver for a collision caused by misleading signals

Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...

Dive into our 109 Precedents related to Section 2

If a person has settled status and has been granted British citizenship, can they continue to travel in and out of the UK prior to obtaining a British passport as long as they have attended the citizenship ceremony and been naturalised as a British citizen?

If a person has settled status and has been granted British citizenship, can they continue to travel in and out of the UK prior to obtaining a British passport as long as they have attended the citizenship ceremony and been naturalised as a British citizen? Once a non-British or Irish national with indefinite leave to remain (ILR) is granted British citizenship they will then have the right of abode in the UK and their ILR will fall away. Section 2(1) of the Immigration Act 1971 (IA 1971) states that a person has the right of abode in the UK if they are a British citizen. Section 1 of IA 1971 provides that ‘All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance…’ and that the Immigration Rules regulate the administration of the Act for regulating the entry into and...

Where a transfer contains an estate rentcharge, is it possible to agree that section 121(4) of the Law of Property Act 1925 allowing the rentcharge holder to create a rentcharge lease, shall not apply? If it is possible, do you have a Precedent agreement in this regard?

Where a transfer contains an estate rentcharge, is it possible to agree that section 121(4) of the Law of Property Act 1925 allowing the rentcharge holder to create a rentcharge lease, shall not apply? If it is possible, do you have a Precedent agreement in this regard? Rentcharges A rentcharge is the payment of a fixed sum of money on an annual basis by the freehold owner of the affected land to the holder of the rentcharge. Section 2 of the Rentcharges Act 1977 (RcA 1977) prohibited the creation of new rentcharges. Estate rentcharges An estate rentcharge is a rentcharge which is created for the purpose of securing compliance with a covenant. RcA 1977, s 2(3)(c) provides that the creation of new estate rentcharges is not prohibited. Extinguishment of rentcharges RcA 1977, s 3 provides that all rentcharges will be extinguished at the latest 60 years after the passing of the RcA 1977, ie in 2037. Remedies for recovering the rentcharge In order for a rentcharge holder to be...

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Health and safety prosecution round-up—4 July 2025

A round-up of recent corporate health and safety prosecutions, including a food wholesaler fined after a worker lost a leg and a construction company fined following an apprentice’s thumb being severed.

Health and safety prosecution round-up—3 July 2025

A round-up of the latest health and safety prosecutions, including a construction company fined for fire safety failings during apartment renovation works, as well as two companies fined and a director given a suspended prison sentence after a young roofer fell to his death at work.

Read the latest 152 News articles on Section 2