The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.
This Practice Note considers the English law (in terms of both UK legislation and relevant common law) relevant to determining the domicile of an individual who is a party to proceedings. It looks at what date is used to determine domicile, as well as the standard and burden of proof when establishing domicile. The Practice Note then considers the definitions of domicile and the authorities that consider the meaning of the key terms being ‘residence’ and ‘substantial connection’, as well as the presumption of a substantial connection as a consequence of three months residency.
The relevant date used to consider an individual's domicile is the date of issue (rather than the date of service) of the claim form as set out by the House of Lords in 2000 in Canada Trust Co v Stolzenberg (No 2). The issue date has been applied as the relevant date in subsequent judgments, such as Cherney v Deripaska, Yugraneft v Abramovich and JSC BTA Bank v Ablyazov.
It is important to be aware that older cases, dealing with the issue of domicile provide no assistance as they applied a different test,
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Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small amounts of money paid to public officials or others as a means of ensuring that they perform their duty, whether more promptly or at all. In some
This Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan to value ratioIt explains:
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
Express and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made (or there may be a combination of written and oral
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