GLOSSARY
Service definition
What does Service mean?
Service is how certain documents in civil court proceedings are brought to an interested party's attention under the CPR. Different provisions apply depending on the type of document and whether it is being served in or out of the jurisdiction. Failure to apply the rules can result in invalid service.
Dispute Resolution
The transmission of a document by one party or intended party to another under the CPR.
Rules governing the service are found in CPR Rule 6. On compliance with the relevant rules, service is deemed to have occurred, even in the face of evidence that the served document was not in fact received. Different provisions apply depending on the type of document and whether it is being served in or out of the jurisdiction. Failure to apply the rules can result in invalid service.
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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
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
Part 36 offers—what are they, why make them?
Part 36 offers—what are they, why make them? Note: This Practice Note is relevant only to Part 36 offers as considered under CPR 36 in force as from 6 April 2015. For guidance on transitional provisions, see Practice Note: Illustrating the changes—the transitional provisions for the revised Part 36 in force as of 6 April 2015 [Archived]. This Practice Note explains what a Part 36 offer is, the reasons behind making one and the costs consequences of Part 36 offers made by claimants and defendants, as considered under the CPR 36 in effect as of 6 April 2015. Which set of CPR 36 rules apply? A revised CPR 36 came into force on 6 April 2015 replacing the old set of rules governing Part 36 offers. See News Analysis: The New Rule 36 in force from 6 April 2015 for an analysis of the revised regime. For a Part 36 offer made on/after 6 April 2015, therefore, the revised CPR 36 rules apply and all references to provisions of CPR 36 in this Practice Note are, unless specifically stated otherwise, references to the CPR 36 in force as of 6 April 2015. To understand the changes as between the pre-6 April 2015 regime and the revised CPR 36 in force as of that date, see Practice Note: April 2015 revisions to CPR 36—table of changes [Archived]. Part 36 offer made before
Enforcing judgments of the courts of England and Wales overseas
Enforcing judgments of the courts of England and Wales overseas This Practice Note considers the relevant procedural rules in the courts of England and Wales that will need to be followed when seeking to enforce a judgment of those courts overseas. These procedural rules are found in CPR 74 and CPR PD 74A. The process to apply for the relevant documents required to enforce the judgment is explained as are the documents required ie a certified copy of the judgment and any prescribed certificate. Also discussed is the evidence required in support of such an application. For detailed guidance on enforcing a judgment of the courts of England and Wales within the UK ie in Scotland or Northern Ireland, see Practice Note: Enforcing judgments of the courts of England and Wales in Scotland or Northern Ireland. When considering the enforcement of judgments of the courts of England and Wales in EU Member States or Iceland, Norway and Switzerland (relevant EFTA Member States) it is important to be aware that the process was significantly impacted by the UK leaving the EU in 2020 (Brexit). Detailed discussion is provided in this Practice Note both in terms of providing an understanding of the terminology used when discussing the implications of Brexit as well as the impact it has had: • Brexit—definitions below • Brexit—implications of the UK’s departure from the EU—enforcement below
An introduction to the World Trade Organization
An introduction to the World Trade Organization What is the World Trade Organization? The World Trade Organization (WTO) provides the institutional and legal framework for trade between Member States. As such it administers the agreements agreed by Member States of the WTO. In addition, it also settles disputes among Member States, monitors Member States’ compliance with the various agreements and functions as a negotiating forum for all manner of trade related issues. The WTO had its inception on 1 January 1995, but its history dates to 1948 when, the General agreement on Tariffs and Trade of 1947 (GATT 1947) was agreed. Over numerous subsequent rounds of negotiations, in 1994, Member States agreed, in Marrakesh, to the Marrakesh Agreement Establishing the World Trade Organization (Marrakesh Agreement). The Marrakesh Agreement established the WTO and provides the institutional and legal framework for the multilateral trading system. There are also four annexes to the Marrakesh Agreement which are complemented by certain decisions and declarations. In total the legal texts consist of over 60 agreements, annexes, decisions, declarations and understandings. Annex 1 to the Marrakesh Agreement is arguably the most important of the annexes since it contains all the current multilateral agreements regulating different aspects of trade. There are three annexes dealing with: • trade in goods (Annex 1a) • trade in services (Annex 1b), and • trade-related aspects of intellectual property rights (Annex 1c) Each of these
FCA consultation paper tracker—2017
FCA consultation paper tracker—2017 This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2017, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation Authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/ Handbook Notice Authorisation, approval and supervisionFees and leviesPayment systems and services CP17/44: PSR regulatory fees The Payment Systems Regulator (PSR) and the FCA published a consultation and decision paper setting out its policy decision on the way it will collect its regulatory fees in 2018/19 and in subsequent years, and consulting further on its proposed fees allocation method. 15 December 2017 26 January 2018 PS expected Summer 2018Handbook Notice 53 (23 March 2018)CP18/8: PSR regulatory fees (23 March 2018) Consumer credit, mortgage and home financeFCA conduct requirements CP17/43: Credit card market study: Persistent debt and earlier intervention remedies—feedback on CP17/10 and further consultation The consultation derives from the FCA findings in its July 2016 credit card market study, in which the FCA set out significant concerns about the scale, extent and nature of problem credit card debt and firms’ limited incentives to reduce this. The
FCA consultation paper tracker—2019
FCA consultation paper tracker—2019 This tracker sets out the consultation papers published by Financial Conduct Authority (FCA) in 2019, along with the publication of any subsequent rules and guidance. For details of FCA consultation papers from other years, see: FCA consultation paper tracker. For details of Prudential Regulation Authority (PRA) and Financial Services Authority (FSA) consultation papers, see: • PRA consultation paper tracker • FSA consultation paper tracker Topic area Consultation Paper Description Publication date End of consultation period Policy Statement/Handbook Notice Conduct requirementsBrexitAuthorisation, approval and supervisionEnforcement and redresss CP19/33: Quarterly Consultation No 26 The Financial Conduct Authority (FCA) has published Quarterly Consultation Paper No 26 (CP19/23), in which it consults on proposed miscellaneous amendments to the FCA Handbook. 6 December 2019 6 January 2020 for chapters 3, 7 and 86 February 2020 for chapters 2, 4, 5 and 6 Handbook Notice 73 (31 January 2020)Handbook Notice 75 (27 March 2020)Handbook Notice 76 (1 May 2020) Risk management and controls CP19/32: Building operational resilience: impact tolerances for important business services The Bank of England (BoE), the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) have published a shared policy summary and co-ordinated consultation papers (CPs) on new requirements to strengthen operational resilience in the financial services sector. The PRA has also published a related CP on outsourcing and third-party risk management. The CPs (FCA’s CP, PRA’s CP
GDPR—FAQs for Insolvency Practitioners
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit—implications for data protection FAQs for Insolvency Practitioners These FAQs were drafted by Allison Broad at the Institute of Chartered Accountants in England and Wales (ICAEW) with contributions from Caroline Sumner at R3 and staff at the ICAEW, Institute of Chartered Accounts Scotland (ICAS) and the Association of Chartered Certified Accountants (ACCA) to provide guidance jointly for members of the ICAEW, the Insolvency Practitioners Association (IPA), ICAS, the ACCA, Chartered Accountants Ireland and R3. Originally posted on 29 May 2018, these FAQs set out some key issues for insolvency practitioners (IPs) to consider when looking at their obligations under the General Data Protection Regulation (GDPR). Since the FAQs were originally drafted, the ACCA has ceased to be a recognised professional body for IPs. What changes do I need to make to my appointment notices for the GDPR? Post 25 May 2018 your appointment notices need to include a privacy notice. A privacy notice
Power purchase agreement (PPA)—Checklist
What is/check the duration of the agreement? The term of the power purchase agreement (PPA) should coincide so far as practicable with the terms of any loans used to finance the project. It is often calculated from the point where the plant becomes commercially operational, although the PPA will usually come into effect before this to ensure funder certainty and also because there will be provisions dealing with late commissioning. What is/check the export volume? There is normally a minimum contracted volume of electricity that the plant is required to export for sale to the supplier. This may have percentage tolerances attached to it for over- and under-production, and moving outside of these tolerances may affect the power price (typically by way of a reduction, to incentivise a reliable volume of production). What is/check the value of the renewable benefits? There are normally provisions requiring the generator to maintain any accreditations necessary to be eligible for renewable benefits. The generator is also usually required to obtain the necessary accreditations, etc to become eligible for new or replacement benefits applicable to the power station. In some instances, these obligations may be limited so that there is no requirement to incur unreasonable or material costs in order to obtain the new or replacement benefit. Check the definition
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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
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);
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
Letter to client enclosing order made at FDR and explaining final hearing preparation
Letter to client enclosing order made at FDR and explaining final hearing preparation Dear [insert client name] Finances I enclose a copy of the order made by [insert name of judge] at the financial dispute resolution (FDR) appointment on [insert date] at the [insert name of court]. The order provides that: • [your case has been listed for a pre-trial review on [insert date] at [insert time] at [insert name of court]] • your case has been listed for a final hearing on [insert date] at [insert time] at [insert name of court], with a time estimate of [insert number] days. You must ensure that you are available to attend court, including for the purposes of giving oral evidence and I would be grateful if you could confirm that you will attend court for the duration of the final hearing • both you and your [former] [husband OR wife OR civil partner] must file and serve your ‘section 25’ narrative statements by [insert date] (see below) • both you and your [former ] [husband OR wife OR civil partner] must file and serve updating financial disclosure by [insert date] • [add any other directions from the FDR order] Section 25 statement I will prepare the first draft of your narrative statement. This will cover key issues in relation to your case, with reference to the factors set out in section 25 of the Matrimonial Causes Act
Standard order 3.2—search order—family proceedings
Standard order 3.2—search order—family proceedings Note: On 30 November 2017, the then President of the Family Division, Sir James Munby, issued additional guidance as to the use and status of financial and enforcement standard orders within family proceedings, see News Analysis: Financial and enforcement standard orders to be placed on a more ‘formal footing’. In his 18th View from the President’s Chambers dated 23 January 2018, Sir James confirmed that some of the standard orders published on 30 November 2017 contained ‘a minor error’. Amended versions of those standard orders were published on 22 January 2018 in the Practice Guidance: Standard financial and enforcement orders (addendum). Subsequent amendments where made on 16 November 2020 via a note issued by Mostyn J to reflect the substitution of Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 37 and FPR 2010, PD 37A from 1 October 2020. The history of amendments made to the standard orders can be located here. This Precedent standard order has been reviewed and reflects the version dated 16 November 2020. In the Family Court sitting at [court name] No: [case number] [ The Matrimonial Causes Act 1973 AND/OR The Civil Partnership Act 2004 AND/OR The Matrimonial and Family Proceedings Act 1984 AND/OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocates(s) who appeared] After reading the statements and
Divorce—client guide (post-DDSA 2020)
Divorce—client guide (post-DDSA 2020) This document provides general guidance regarding divorce procedure. Your family lawyer will be able to provide specific advice based on your circumstances. No fault divorce The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) has been described as a landmark reform of divorce law. It aims to make the divorce process less acrimonious by introducing what is commonly known as ‘no fault divorce’. This legislation, for the first time, completely removes the need to assign blame when commencing divorce proceedings. The new divorce procedure is in force for applications that are issued from 6 April 2022. Historically, in order to obtain a divorce in England and Wales it was necessary for the party applying for a divorce to establish that the marriage had broken down irretrievably and to do that they had to prove one of the ‘five facts’. Three facts were based on fault, ie adultery, unreasonable behaviour and desertion, and two facts were based on a period of separation (two years’ separation with consent or five years’ separation without consent). In many cases one of the parties was forced into making fault allegations (adultery or behaviour), not necessarily because that was the real cause of the breakdown or because they wanted to blame their spouse, but because the alternative was to wait at least two years for a divorce with consent, or
Systems integration agreement—pro-supplier
Systems integration agreement—pro-supplier This AgrEement is made on [date] Parties 1 [insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer wishes to procure software, [hardware], software configuration and development services, installation services and other related services. (B) The Customer has agreed to procure the Services from the Supplier and the Supplier has agreed to provide the Services to the Customer on the terms and conditions of this Agreement. The parties agree as follows: 1 Definitions and Interpretation 1.1 In this Agreement the following terms have the following meanings: Acceptance • means that: (a) the Customer confirms in writing that the Software has passed or is deemed to have passed the relevant Software Acceptance Tests; and/or (b) the Supplier confirms in writing that the Supplied Hardware has passed or is deemed to have passed the relevant Hardware Acceptance Tests, as the context so requires, and Accept shall be construed accordingly; Acceptance Criteria • means the criteria to be satisfied to demonstrate that: (a) the Software Acceptance Tests have been successfully completed as determined pursuant to
Software support agreement—pro-customer
Software support agreement—pro-customer This Agreement is made on [date] Parties 1 [Insert name of supplier], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [Insert name of customer], a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [the licensor of certain software applications]. (B) The Customer is [insert details of Customer’s background/background to the relevant transaction]. (C) The Supplier has granted a licence to the Customer[, members of its group] [and certain authorised third parties] to use certain software applications and agrees to provide support and maintenance services for such software on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Authorised Third Parties • means any third party (including agents and contractors) engaged to provide services to the Customer or to any Customer Affiliate including any supplier to whom the Customer or any Customer Affiliate has outsourced any part of its business; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Commencement Date • means the date of this Agreement; Confidential Information • means any and all confidential information (whether in oral, written or
Confidentiality and personal data sharing agreement—one-way—pro-recipient
Confidentiality and personal data sharing agreement—one-way—pro-recipient This Agreement is made on [date] Parties 1 [Insert name of party] [of [insert address] OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (the Recipient); and 2 [Insert name of party] [of [insert address] OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (the Discloser), each of the Discloser and the Recipient being a party and together the Discloser and the Recipient are the parties. Background (A) The Recipient carries on the business of [insert details] and the Discloser the business of [insert details]. (B) The Discloser intends to disclose Shared Data to the Recipient for the Purpose. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Authorised Person • means any of the officers, directors, members, partners, employees, consultants, agents, representatives, sub-contractors or professional advisers of the Recipient or of any of the Recipient’s direct or indirect sub-contractors and any other persons whom the Discloser designates in writing as authorised;] Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England or Wales; Confidential Information • means (subject to clause 3.5) Shared Data that is disclosed after the date of this Agreement which is: (a) confidential in nature and designated [in writing by the Discloser OR in Schedule
MVNO agreement
MVNO agreement This Agreement is made on [insert date] Parties 1 [insert name] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (Supplier); and 2 [insert name] a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at [insert address] (MVNO) (each of the Supplier and the MVNO being a party and together the Supplier and the MVNO are the parties). Background (A) The Supplier is a mobile network operator in the Territory. (B) The MVNO is a mobile virtual network operator in the Territory. (C) The Supplier has agreed to provide wholesale mobile electronic communications services to the MVNO for resale [on a pre-pay basis OR on a post-pay basis OR on a pre-pay and post-pay basis] in the Territory in accordance with the terms and conditions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Account Manager • means the primary point of contact for each party as notified by each party to the other on or before the date of this Agreement (or in accordance with clause 20.3); Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Charges • means any amounts that have been paid
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What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States?
What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States? We have assumed that the matter is not proceeding in the Commercial Court—different rules apply in relation to applications in this court. Putting respondents on notice of applications In civil proceedings before the courts in England and Wales, applications are initiated by the applicant filing an application notice (usually, Form N244). Generally, applications are governed by the procedural rules set out in CPR Part 23 and CPR PD 23A. See Practice Note: Making an application. The application notice should state the applicant's full name and (if not a party already) their address for service—see Practice Note: Serving documents—excluding the claim form and defence—Address for service (CPR 6.23). The general rule is that applications should be served on the other parties, although there are exceptions (CPR 23.4). See also Practice Note: Applications without notice at section When an application can be without notice. One of the exceptions is when an application without notice is permitted by a court order, rule or practice direction. Even where a without notice application would be permitted there are certain duties which befall an applicant, including a duty of full and frank disclosure and, where possible, to give informal notice (where time is shortened, for example, because the application is urgent). If none
What permits and consents are required to put an existing gas holder back in use?
What permits and consents are required to put an existing gas holder back in use? This Q&A refers to a large above ground container in which gas is stored. Permits and consents to store gas Hazardous substances consent Owners and operators wishing to hold stocks of specified hazardous chemicals and similar substances on, over or under land above a threshold quantity must obtain a hazardous substance consent from the relevant hazardous substances authority. Hazardous substances consents are regulated by the Planning (Hazardous Substances) Act 1990 and in England by the Planning (Hazardous Substances) Regulations 2015 (PHSR 2015), SI 2015/627. The hazardous substances subject to control are set out in PHSR 2015, SI 2015/627, Sch 1 and include natural gas. Consent is required if the specified substance is stored or used at or above the specified controlled quantity set out in PHSR 2015, SI 2015/627, Sch 1. See Practice Notes: Hazardous substance zones and consent and Hazardous substances and planning for more detail around hazardous substance consents. Other planning requirements It is important to note that where development associated with the storage or use of hazardous substances is proposed, a separate planning permission may also be necessary, in addition to any requirement for hazardous substance consent. Assuming no operational development (ie building, engineering or other operations) are needed on site, planning permission is likely to nevertheless be required for the change
Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider?
Where there is a default judgment and the judgment debtor applies to overturn what factors will the court consider? For information on the criteria for setting aside a default judgment and factors the court will take into account, we refer you to our Lexis®PSL Dispute Resolution Practice Notes: Obtaining default judgment—general principles and Setting aside default judgment under CPR 13.3. In particular: • applications to set aside default judgment are governed by CPR 13 • the court must set aside default judgment in the circumstances set out in CPR 13.2. This is where the default judgment has been incorrectly or irregularly obtained, ie when the defendant can show he has filed the acknowledgement of service or defence (as appropriate) on time • the court has a discretion to set aside or vary default
A UK company has engaged an EU manufacturer to undertake some specialist construction work. The EU manufacturer has engaged a subcontractor due to the specialist nature of the work. The EU citizens (who are employees of the subcontractor) will need to be in the UK for a number of months, possibly up to 12 months due to the nature of the work but will be travelling back to the EU to see family at various points. The EU citizens have not been to the UK before so they are not eligible for the EU Settlement Scheme or a frontier worker permit. Are there any routes available to enable the EU citizens to enter and work in the UK legally? Are there any risks to the UK company?
A UK company has engaged an EU manufacturer to undertake some specialist construction work. The EU manufacturer has engaged a subcontractor due to the specialist nature of the work. The EU citizens (who are employees of the subcontractor) will need to be in the UK for a number of months, possibly up to 12 months due to the nature of the work but will be travelling back to the EU to see family at various points. The EU citizens have not been to the UK before so they are not eligible for the EU Settlement Scheme or a frontier worker permit. Are there any routes available to enable the EU citizens to enter and work in the UK legally? Are there any risks to the UK company? For the purposes of this Q&A, we have not considered the provisions within the EU-UK Trade and Cooperation Agreement (TCA), as that is not directly enforceable, and it is for the UK to implement its provisions (to the extent not already implemented under the European Union (Future Relationship) Act 2020). For further information, see News Analysis: Implementing the TCA—business immigration implications. As the EU citizen employees fall outside the scope of the EU Settlement Scheme, and do not qualify for a frontier worker permit, the following key immigration categories may be considered: • Intra-Company • Skilled Worker • Visitor, and • T5 International
Is court permission to serve out required to serve a claim form in the USA?
Is court permission to serve out required to serve a claim form in the USA? A claim form can only be served outside England and Wales without the court’s permission if the provisions in CPR 6.33 are met. Those rules do not apply to service in the USA unless it
A is resident in the UK and was injured by a foreign registered driver and lorry (Poland) on a road in the UK. The foreign insurer (UK representatives) have accepted primary liability. Limitation is coming up and I need to issue the claim form only as we are not yet ready to serve. I have written to the UK representatives explaining that we intend on commencing court proceedings directly against their insurer principal pursuant to the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061. I have also asked them to confirm the full name and address details of the insurance company and driver. Can I serve on the representatives if they are nominated?
A is resident in the UK and was injured by a foreign registered driver and lorry (Poland) on a road in the UK. The foreign insurer (UK representatives) have accepted primary liability. Limitation is coming up and I need to issue the claim form only as we are not yet ready to serve. I have written to the UK representatives explaining that we intend on commencing court proceedings directly against their insurer principal pursuant to the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061. I have also asked them to confirm the full name and address details of the insurance company and driver. Can I serve on the representatives if they are nominated? Where a person has been injured in a road traffic accident which occurred in the UK but was caused by the driver of a foreign registered vehicle normally based in another participating country, the claim will be handled under the Green Card scheme either by the British insurer acting as correspondent or, if there is no nominated correspondent, by the Motor Insurers' Bureau (MIB). We refer you to Practice Note: Road accidents in the UK caused by foreign drivers—the Green Card system which sets out the legal framework and the procedure by which such a claim is made. That Practice Note states: Special case of foreign registered lorries In
What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant?
What step crystallises the date of service when serving out of the jurisdiction using CPR 6.40, eg the law of the foreign defendant? The rules regarding service of proceedings out of the jurisdiction are set out in CPR 6.30–CPR 6.47, and include rules about when the permission of the court is required, how to obtain that permission and the procedure for service. Where a claimant wishes to serve the document which commences proceedings on a defendant who is domiciled in another jurisdiction, the claimant will need to consider how to ensure valid service. A failure to serve validly may jeopardise a case where there is a limitation issue, cause serious delay and additional cost, or lead to a default judgment being set aside. See Practice Note: Service out of the jurisdiction—methods of effecting service. CPR 6.40(3) provides that where a party wishes to serve a claim form or other document on a party out of the jurisdiction (other than in Scotland or Northern Ireland), it may be served by any method provided for by: • CPR 6.41 (service in accordance with the Service Regulation—see Practice Note: The Service Regulation—service outside the jurisdiction (application in the UK) [Archived]) • CPR 6.42 (service through foreign governments, judicial authorities and British Consular authorities) • CPR 6.44
In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis.
In a claim where liability was admitted and a client received a £3,000 interim payment, is there any obligation for that interim payment to be repaid to the defendant's insurers in circumstances where the client is not proceeding? The client has not responded and I am preparing to close their file on that basis. An interim payment is a payment made by a defendant on account of a claimant's monetary claim before the court has made a final determination on the amount of that claim. For further guidance, see Practice Note: Interim payments—guiding principles. The Butterworths Personal Injury Litigation Service defines it as ‘a payment on account of any damages, debt or other sum (excluding costs) which that party may be held liable to pay’ . CPR 38.2(2)(b) provides that: 'where the claimant has received an interim payment in relation to a claim (whether voluntarily or pursuant to an order under Part 25), he may
If an employee who would otherwise be assigned to the organised grouping of resources or employees that is subject to a relevant transfer under TUPE 2006 has been temporarily assigned to carry out alternative duties for another such grouping for the three months prior to the relevant transfer, will the employee still transfer to the transferee under TUPE 2006, regulation 4(1)?
If an employee who would otherwise be assigned to the organised grouping of resources or employees that is subject to a relevant transfer under TUPE 2006 has been temporarily assigned to carry out alternative duties for another such grouping for the three months prior to the relevant transfer, will the employee still transfer to the transferee under TUPE 2006, regulation 4(1)? Where there is a relevant transfer within the meaning of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, reg 3(1), subject to an employee's right to object to the transfer, the contracts of employment of those employees employed by the transferor and 'assigned to the organised grouping of resources or employees that is subject to the relevant transfer', and which would otherwise be terminated by the transfer, automatically transfer to the transferee and have effect after the transfer as if originally made between the employee and the transferee. The reference to a person employed by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer is to a person so employed 'immediately before' the transfer (or one who would have been so employed had he not been dismissed in circumstances where the sole or principal reason for the dismissal was the transfer) For further information on transferring employees generally, see Practice Note: TUPE—transfer of
Where an outsourcing agreement provides that the transferor is responsible for employment-related liabilities arising ‘on or before the transfer date’, does this mean that, if the transferee terminates the employment of a relevant employee on the transfer date itself the transferor might be liable for the termination costs?
Where an outsourcing agreement provides that the transferor is responsible for employment-related liabilities arising ‘on or before the transfer date’, does this mean that, if the transferee terminates the employment of a relevant employee on the transfer date itself the transferor might be liable for the termination costs? Position under TUPE 2006 Under regulation 3(1)(a) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, a business transfer occurs where there is: • a transfer of an undertaking or business (or part of an undertaking or business) • situated immediately before the transfer in the UK • to another person • where there is a transfer • of an economic entity • and the economic entity retains its identity after the transfer For further information, see Practice Note: TUPE—business transfers. Under TUPE 2006, SI 2006/246, reg 3(1)(b), a service provision change takes place where: • activities cease to be carried out by a person ('a client') on his own behalf and are carried out instead by another person on the client's behalf ('a contractor') • activities cease to be carried out by a contractor on a client's behalf (whether or not those activities had previously been carried out by the client on his own behalf) and are carried out instead by another person ('a subsequent contractor') on the client's behalf, or • activities cease to be carried out by a contractor or a
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