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CHECKLISTS
This Checklist is designed to assist you when dealing with Group Litigation Orders (GLO). GLOs are commonly made where there are multiple parties to the same cause of action. Where a number of personal injury claims share common or related legal or factual issues, a GLO may be appropriate. CPR 19.21 states that a GLO will: ‘provide for the case management of claims which give rise to common or related issues of fact or law’ Preliminary steps Issue Comment CPR section Are there any other similar cases? Consult the Law Society's Multi-Party Action Information Service CPR PD 19B, para 2.1 Should a Solicitors' Group be formed? A lead solicitor can be appointed and their role and relationship with other members of the Solicitors' Group should be defined in writing CPR PD 19B, para 2.2 Would a different order be more appropriate than a GLO? It may be more appropriate for the claims to be consolidated or alternatively the rules in CPR 19 section II used CPR PD 19B, para 2.3 Applying
CHECKLISTS
Background Statutory declarations are a necessary part of insolvency proceedings, most commonly where a company enters members’ voluntary liquidation (MVL) (see section 89 of the Insolvency Act 1986 (IA 1986)) and where a company enters administration by an out-of-court appointment (see the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17). Section 20 of the Statutory Declarations Act 1835 (SDA 1835) prescribes the form of the statutory declaration to be given, as set out in the Schedule to SDA 1835. SDA 1835, s 19 states that a fee is payable and this is prescribed by the Commissioners for Oaths (Fees) Order 1993, SI 1993/2297. The fee is £5 for taking an affidavit, declaration or affirmation, and an additional £2 for each exhibit therein referred to and required to be marked or for each schedule required to be marked. Apart from the form of the statutory declaration and provision as to fees, no other prescription as to the formal requirements to be followed is provided.
CHECKLISTS
There are a number of points that charities need to consider when looking at their VAT status and how to organise their affairs in order to take advantage of the best VAT scenario available to them, ie to pay and/or incur as little or no VAT as possible. Input recovery To maximise this: • consider whether it is possible to bring some or more activities within the (zero rate) taxable regime from exempt or outside scope • ensure that the input tax is only reclaimed against taxable supplies—put in place procedures to ensure that input tax
CHECKLISTS
This checklist is aimed at employment lawyers and considers the steps an employer will typically take when seeking to effect changes to terms and conditions of employment that are not permitted by employees' existing contracts. For information generally on the legal and practical issues to consider in relation to effecting changes to employment contracts, see Practice Note: Changing terms and conditions of employment. This checklist reflects the Statutory Code of Practice on dismissal and re-engagement (Code) that came into force from 18 July 2024. For more information on the Code, see Practice Note: Changing terms and conditions of employment—Statutory Code of Practice on ‘fire and re-hire’. While the process may be shortened by warning of the prospect of dismissal and re-engagement at the outset, the Code highlights that an employer should not raise the prospect of dismissal unreasonably early, as this can be detrimental to attempts to reach an agreed outcome. It also states that: • threat of dismissal should not be used as a negotiating tactic to put undue pressure on employees in circumstances
CHECKLISTS
This Checklist sets out the main elements expert witnesses must include in their reports to ensure compliance with the provisions in CPR PD 35, para 3.2 and the Civil Justice Council's Guidance for the instruction of experts in civil claims 2014 (the Guidance). For more information on the content of an expert’s report, see Practice Note: Expert reports. Element Sub element Commentary Details of the expert's qualifications The qualifications must relate to the issues in the claim on which the expert has been asked to express their opinion. The main details required are the academic and professional qualifications of the expert. Where highly specialised expertise is required, details of particular training, investigatory work and other relevant experience which (in their view) qualifies them to provide such evidence must be included. Details of any literature or other material relied on in making the report Where opinions are cited without verifying them, full details of those opinions must be set out. If possible, also state the qualifications of the person that gave the opinion
CHECKLISTS
This Checklist outlines the possible claims against a defendant where the victim of a personal injury action has died prior to trial. It considers the relevant statutory frameworks, including the Law Reform (Miscellaneous Provisions) Act 1934 (LR(MP)A 1934) and the Fatal Accidents Act 1976 (FAA 1976) and provides guidance on who can bring the claim and the recoverable heads of loss. For further guidance, see Practice Notes: Law Reform Act or Fatal Accidents Act? and Claims involving a fatality—heads of damage. Cause of action Who can bring the claim? Heads of loss Claim on behalf of the deceased’s estate (under LR(MP)A 1934) By the administrator or executor of the estate. A valid will or Grant of Letters of Administration will be required. —general damages for the deceased's pain, suffering and loss of amenity before death—special damages incurred by the deceased between the date of the accident and the date of death (past loss of earnings, past care and other expenses such as travel and medical
CHECKLISTS
This checklist provides an overview of the points to consider when drafting post-termination restrictions for a client, whether the purpose of the restriction is to protect trade secrets and confidential information, a trade connection or the stability of the workforce. For information on key decisions on the enforceability of post-termination restrictions, see Practice Note: Decisions on post-termination restrictions and garden leave in employment contracts. General • the person from whom you are taking instructions in relation to the restrictions should be sufficiently senior and involved in the business on a day to day basis to be able to provide instructions on the business and the employee’s role in it, the legitimate interests the restrictions should protect and the reasonableness of the restrictions • identify the legitimate business interests of the employer, that is trade secrets and confidential information, trade connection and stability of the workforce—see Practice Note: Legitimate business interest • identify whether the employee’s role involves access to or control over any of these specific legitimate business interests. Only if it does will a restriction to protect that legitimate
CHECKLISTS
This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, and explains the necessary steps to take when involved in a transaction. It also highlights relevant Practice Notes and Precedent materials. Immigration requirements during a transaction where TUPE 2006 does not apply are outside the scope of this checklist. For an outline of the effect and requirements of TUPE 2006 generally, see: TUPE and asset purchases—overview. Initial considerations and due diligence • In any situation that may be covered by TUPE 2006, thorough immigration specific due diligence is important. Particularly, where a transferor employs sponsored migrants. Immigration issues should be considered at an early stage to allow the parties to prepare for compliance with necessary deadlines etc • Initial enquiries about transferring employees' immigration status should be made at the beginning of the transaction process and care should be taken to ensure the accuracy of the responses (including raising further enquiries where responses
CHECKLISTS
This checklist examines the employment law issues that arise when implementing a business reorganisation. It covers initial considerations, redundancy situation, ‘some other substantial reason’ (SOSR), how the employer will defend claims relating to the dismissals, whether collective consultation obligations are triggered, changes to terms and conditions of employment and whether there is a TUPE transfer. This checklist assumes that there is a restructure but the business continues to exist at the same location and that, accordingly, no ‘place of work’ redundancy situation exists. For further information generally, see Business reorganisations—overview and Practice Note: Implementing a business reorganisation—employment issues. Initial considerations • Consider the make up of the project team and safe-guarding project documents for: ◦ confidentiality and consultation purposes (eg mark all proposals as 'subject to consultation'). See Practice Note: Implementing a business reorganisation—employment issues: Initial considerations ◦ limiting distribution to protect legal advice privilege, as necessary • Consider whether non-disclosure agreements are necessary and, if so, to what extent. Consider any relevant professional duties or obligations (see Practice Note: Non-disclosure agreements (NDAs)
CHECKLISTS
This Checklist lists the key information needed, and issues to consider when drafting a secondment agreement. It can be downloaded and printed out to form the basis of a practical outline or prompt for a client consultation, or an initial draft of a secondment agreement. This Checklist can be used as a standalone resource, or alongside Precedents: • Secondment agreement (employer—host) • Letter—secondment letter (employer—employee), or • Secondment agreement (employer—host—employee) For detailed information on secondments, including key considerations for dealing with a secondment and drafting the secondment agreement, see Practice Note: Secondments. Key information needed for drafting a secondment agreement This Checklist covers the following main categories of information: • identifying the parties and the agreement structure • potential relevance of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 • changes needed to secondee’s existing contract terms • duties, management and payment during the secondment • provision for an alternative or replacement secondee • liability and insurance • data protection • confidentiality, intellectual property and restrictive covenants • duration
CHECKLISTS
This Checklist sets out the matters an employer should consider when formulating a career break and/or sabbatical policy, and when considering the arrangements to put in place for such breaks. The terms ‘career break’ and ‘sabbatical’ have no particular legal meaning, and the label given to the break is not determinative of its legal nature. In practice: • the term ‘career break’ is often used to describe a longer period of unpaid leave during which the employment contract may continue, but more often does not, and • the term ‘sabbatical’ is used to describe a shorter period of leave which is often unpaid but might be paid or partly-paid, during which the contract does continue For detailed information on career breaks and sabbaticals generally, see Practice Note Career breaks and sabbaticals. For a sample policy: • for use in relation to longer breaks, where the contract of employment does not continue, see Precedent: Policy—career break (contract terminates) • for use in relation to shorter breaks, where the contract of employment continues, see Precedent: Policy—sabbatical
CHECKLISTS
This Checklist should be considered in conjunction with: • Practice Note: Instructing an expert • Precedent: Letter of instruction to own expert (with drafting notes) • Guidance introduced in 2014 for the instruction of experts in civil claims; the term 'Guidance' used below means the Civil Justice Council's Guidance for the instruction of experts in civil claims in force from 1 December 2014 This Checklist assumes: • proceedings have been started—see Practice Note: Instructing an expert—Before proceedings start—all claims (including those covered by pre-action protocols) and Instructing an expert—Before proceedings start • permission has already been obtained to adduce the expert evidence under CPR 35.4—see Practice Note: Applying for permission to adduce expert evidence • the expert is acting as an expert witness as opposed to an adviser—see Practice Note: Expert witnesses, expert advisers and assessors • the expert is not a single joint expert—see Practice Note: Single joint experts • exchange of expert reports is to be simultaneous rather than sequential—see Practice Note: Expert report—Exchange of expert reports • payment of the expert's