The following Dispute Resolution Q&A Produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:
Since April 2014, the costs budget regime as contained in Part II of Part 3 which starts at CPR 3.12 will apply to all Part 7 multi-track cases where the money claim is less than £10m or for a non-monetary and the claim form does not contain a statement that the claim is valued at £10m (CPR 3.12(1)). Assuming then that the proceedings were issued after April 2014, it would appear that they are applicable as regards at least the probate claim. Probate claims must be issued using the Part 7 procedure (CPR 57.3(b)). These are automatically allocated to the multi-track (CPR 57.2(4)). Although it will be for non-monetary relief (ie to propound for or against a will or to revoke a grant and/or for a grant of representation), this question notes that the stated value is less than £10m (which must be the assumption if the secondary, Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) claim is also valued less than £10m).
The oddity arises because I(PFD)A 1975 proceedings are also brought by the same Part 7 claim form, whereas the requirement is tha
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Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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