Refine By
Clear all filter
About 91151 results for "*"
GLOSSARY
Compulsory joinder describes the court-driven requirement that a person or entity must be added as a party to existing proceedings because their legal interests are directly affected or their presence is necessary to resolve the dispute justly and completely. In England and Wales and Northern Ireland, the concept is reflected in the Civil Procedure Rules (for example, the power to add “necessary and proper” parties) and developed in case law, rather than through a single statutory definition. The court may order compulsory joinder where: the party is needed to ensure all issues are decided in one set of proceedings; there is a risk of inconsistent judgments; or effective relief cannot be granted without that party. In Scotland, similar principles arise under rules on necessary parties and sisting (adding) parties in the Court of Session and sheriff court rules. In Ireland, compulsory joinder operates under the Rules of the Superior Courts and case law, again focussing on whether the party is necessary for the determination of all matters in dispute. Across all four jurisdictions, compulsory joinder is closely linked to procedural fairness, avoidance of multiplicity of proceedings, and the binding effect of judgments.
GLOSSARY
A compulsory licence is a licence which is granted by the State over a patent (usually against the will of the patent proprietor).
GLOSSARY
A compulsory copyright licence is usually a statutory licence covering acts restricted by copyright made available to prevent anti-competitive practices or abuse of a monopoly position.
NEWS
The European Commission's Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs has announced that the regulation on compulsory licensing for crisis management, amending Regulation (EC) No 816/2006, will come into force on 19 January 2026 following its publication in the Official Journal of the European Union. The regulation establishes an EU-wide framework for granting compulsory licences in cross-border crisis or emergency situations, enabling the Commission to issue EU-wide compulsory licences for protected inventions related to crisis-relevant products once a crisis has been declared under relevant EU crisis instruments. Compulsory licensing under the regulation is intended as a measure of last resort, subject to strict conditions, including limits on the scope and duration of licences and obligations to provide fair and adequate remuneration to rights holders in line with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
GLOSSARY
Winding up of a company ordered by the court.
PRACTICE NOTES
This Practice Note explains how a Limited Liability Partnership (LLP) can be placed into compulsory liquidation, what powers the liquidator has, and what the members’ obligations are. This Practice Note does not apply to Limited Partnerships, for which see Practice Note: Limited partnerships and insolvency—key principles. Applicable legislation The Limited Liability Partnerships Act 2000 (LLPA 2000) introduced LLPs and must be read in conjunction with the Limited Liability Partnership Regulations 2001 (LLPR 2001), SI 2001/1090. LLPR 2001, SI 2001/1090 apply the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 to LLPs. IA 1986 only applies to LLPs registered in Great Britain. The LLPR 2001, SI 2001/1090, reg 5(2)(a)(b) and (e) explains how IA 1986 and IR 2016, SI 2016/1024 apply to LLPs and clarify the following matters: • references to a company include references to an LLP • references to a director/officer include references to a member of an LLP
PRACTICE NOTES
In the majority of cases, a winding-up petition is issued by a creditor of the company under the Insolvency Act 1986 (IA 1986) but there are other circumstances in which a winding-up petition can be issued. A petition can be issued, and the company may be wound up, where:
NEWS
Private Client analysis: In Ivey & Others v Lythgoe and another, the High Court considered a dispute over the validity and rectification of two Wills made by David Ivey, who died in 2023. The claimants, his nephews and niece, argued that a 2009 Will prepared by Trust Inheritance Ltd did not reflect his true intentions and was the result of professional negligence. They alleged that the company misinterpreted David’s instructions, wrongly excluding intended beneficiaries. The court refused to join the company as a costs-only party under section 51 of the Senior Courts Act 1981 (SCA 1981), holding that negligence must first be established. Instead, it ordered consolidation of the probate and negligence claims under CPR 3.1(2)(h), recognising the factual overlap. The court also directed the company to participate in mediation under CPR 3.1(2)(o), emphasising the importance of alternative dispute resolution. The case also highlights the duty of care owed by Will-writing professionals and the procedural tools available to manage overlapping claims efficiently. Written by Jacob Ashforth, associate, and Madeleine Chambers, trainee solicitor at Burges Salmon LLP.
GLOSSARY
Annuity that must be purchased on retirement for a member of an insured scheme.
FLOWCHARTS
View or print a full-size PDF versio
PRACTICE NOTES
Context Compulsory purchase powers enable certain bodies, known as acquiring authorities, to compulsorily acquire land, without the agreement of the owner, where authorised by Parliament to enable the authority to carry out specified functions which must be in the public interest. Anyone whose land has been acquired compulsorily is generally entitled to compensation. Powers of compulsory purchase must be granted by statute. A large number of enabling powers exist in Acts of Parliament, which will in each case specify the body/bodies that are authorised to acquire land and/or rights in land by compulsion and the purposes for which the land can be acquired. Commonly, such powers allow public bodies and government departments to acquire land and/or interests in land required in conjunction with their functions, but they will not specify what land can be acquired. An acquiring authority benefitting from such enabling powers will still need to prepare, make and have confirmed a specific CPO which will identify the land affected, but the powers to seek a specific
PRACTICE NOTES
Contents of training materials These training materials contain slides and speaker notes to introduce trainees, junior lawyers, lawyers from other practice areas or clients to the basics of how to promote a compulsory purchase order (CPO). They cover: • who can promote a CPO • the steps required to make a CPO • challenges to a CPO • implementing a CPO, and • compensation They are intended for a general, rather than specialist audience.