The following Banking & Finance practice note Produced in partnership with CMS provides comprehensive and up to date legal information covering:
STOP PRESS: This Practice Note may be impacted by the coming into force of the Corporate Insolvency and Governance Act 2020 (the CIGA 2020), which was enacted on an accelerated basis to combat the financial effects of the Coronavirus (COVID-19) pandemic but which makes both permanent and temporary changes to restructuring and insolvency law. We are reviewing and, where necessary, amending our content—in the meantime, for information on the implications of the CIGA 2020 on lending, see Practice Note: The Corporate Insolvency and Governance Bill 2020 and other developments in insolvency and restructuring—key issues and discussion points for lenders.
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This has an
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The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The magistrates' court is likely to decline jurisdiction if there are repeated threats or a visible weapon.Elements of the offence of threats to killThe
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
The procedure for making an application to stay proceedings due to abuse of process is governed by the Criminal Procedure Rules 2015 (CrimPR), SI 2015/1490, r 3.20. For more information, see Practice Note: Abuse of process procedure.Staying a prosecution for abuse of processThe principle of abuse of
IntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it has closed its case and before the defendant calls any evidence. It is only done where the defendant is extremely confident that the claimant has not presented the court with
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