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PRACTICE NOTES
This Practice Note refers to the Insolvency Act 1986 as IA 1986. Note This table provides a summary of the key corporate insolvency processes from a dispute resolution perspective. Name of process Nature of process and parties involved Effect on court proceedings Administration. See Practice Note: Corporate insolvency for dispute resolution practitioners: administration Short term measure for a company in financial difficulty. Aim is to give the administrator time to see if the company can be rescued, restructured or if a better result could be achieved for creditors than if the company is wound up. The administrator can be appointed out of court by a qualifying floating charge holder, the company's directors or the company itself, or by court order (administration order). Administration can be combined with other processes such as a company voluntary arrangement (CVA) or scheme of arrangement. Once a company enters into administration there is a moratorium on court proceedings and legal processes (which is fairly wide and includes legal proceedings, execution and distress). This applies
PRACTICE NOTES
Note This table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of process Nature of process Effect on court proceedings Bankruptcy. See Practice Note: Personal insolvency for dispute resolution practitioners: bankruptcy A formal court process in which the debtor is released from debts they owe and a trustee in bankruptcy is (usually) appointed to realise the assets comprising the bankruptcy estate and pay a dividend to creditors if there are sufficient realisations.An undischarged bankrupt cannot act as director of company, or take part in certain other roles, without leave of the court and cannot obtain credit above £500 without first declaring that they are an undischarged bankrupt.Process is commenced by a creditor presenting a bankruptcy petition at court, or the debtor making a bankruptcy application determined by an adjudicator. When a bankruptcy petition or bankruptcy application is pending, the court may stay legal action. Once a bankruptcy order is made, existing proceedings can be stayed on proof that a bankruptcy order
PRACTICE NOTES
Design rights The tables in this Practice Note set out the key differences between the various unregistered and registered design rights available in the UK. The design rights currently available in the UK are as follows: • UK registered designs (including re-registered designs and re-registered international designs) • UK unregistered design right (also known as ‘design right’) • supplementary unregistered design right (SUD) Each of the above rights differs in terms of qualifying criteria, scope and duration of protection, as explained in the table below. This Practice Note covers the design rights available in the UK following IP completion day (11.00 pm on 31 December 2020). For more information about the position prior to IP completion day, see Practice Note: Design rights before and after Brexit—comparison table. For more information about the EU design regime, see Practice Note: EU designs and for more information about the ways in which the UK and EU regimes are diverging post-Brexit, see Practice Note: Designs—UK/EU comparison. For more detailed information regarding the different UK design
GLOSSARY
Making a medicinal product that would normally require authorisation'>marketing authorisation available for compassionate reasons to a group of patients with a chronically or seriously debilitating disease or whose disease is considered to be life-threatening, and who cannot be treated satisfactorily by an authorised medicinal product.
PRECEDENTS
1 Background information Name and position of person(s) conducting assessment [Insert name] Date of this assessment [Insert date] 2 Preliminary screening Was your original lawful ground for processing consent? ☐ Yes—answer the next question ☐ No—skip the next question If your original lawful ground for processing was consent:—have you obtained consent to process the data for the new purpose (and is that new purpose specified, explicit and legitimate), or—can you rely on one of the other deemed compatibility conditions under Article 8A(4)? ☐ Yes—[state reasons and skip the next question only]☐ No—if so, you cannot proceed with the proposed processing unless you obtain consent If your original lawful ground for processing was not consent:—have you obtained consent to process the data for the new purpose (and is that new purpose specified, explicit and legitimate), or—can you rely on one of the other deemed compatibility conditions under Article 8A(3)? ☐ Yes—[state reasons and continue to next question]☐ No—skip the rest of this section and move on to section 3 What is your lawful ground for processing for the new purpose under Article 6? [Insert Article 6 ground] If special category personal data is involved,
GLOSSARY
A witness who can be forced to give evidence against an accused (not all witnesses are compellable).
GLOSSARY
An amount of radiation shielding implemented in a design to compensate for the lack of shielding in a certain area because of a concession for the incorporation of something else.
GLOSSARY
An event listed in the Project Agreement (and flowed down into the Construction Contract) which, if it occurs, will lead to the Project Co being entitled to extra time and from being excused for its failure to comply with its obligations within the timescale, and to be paid money to reflect the loss it suffers as a result of the event.
Q&As
We refer you to the DWP guidance on: Recovery of benefits and lump sum payments and NHS charges: technical guidance, in particular ‘4.2 Listed benefits recoverable under the 1997 Act’, states: 'Compensation in respect of loss of mobility may be reduced where the following
PRACTICE NOTES
This Practice Note lists key judgments by the High Court, Court of Appeal and Supreme Court under the law of England and Wales delivered since 2012 relating to compensation claims by data subjects in relation to breaches of one or more of the following UK data protection laws: • the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) and related provisions of the Data Protection Act 2018 (DPA 2018). Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023, such as the UK GDPR. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles
GLOSSARY
The mechanism by which time and or money can be recovered by contractors in the NEC 3 suite of contracts.
FLOWCHARTS
This flowchart illustrates the process of making a compensation event claim for additional time to complete the works and/or for additional payment under the NEC3 Engineering and Construction Contract. For more information