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PRECEDENTS
These training materials contain template PowerPoint slides and associated notes for use by a trainer when outlining the law relating to the protection of confidential information. Topics covered include: the meaning of confidential information; the effect of breach of confidentiality; laws governing confidentiality; confidentiality agreements; definitions of confidential information; authorised recipients; purpose and duration of confidential information; remedies; handling breaches of confidentiality; arrangements with subcontractors. The training materials are customisable. Click the link below to download the PowerPoint presentation. Contents • Law: — Meaning of confidential information — Effect of breach of confidentiality — Laws governing confidentiality • Confidentiality agreements: — Format — Defining confidential information — Parties and recipients
GLOSSARY
The process of preventing the release of radioactive substances to the environment during operation or following an accident.
GLOSSARY
A Sheriff's authority, granted to an executor or executrix, to gather and distribute a deceased person's estate.
PRACTICE NOTES
Domicile in Scottish succession and commissary practice The concept of domicile—an often misunderstood but fundamental feature of Scottish succession law—has attracted considerable recent attention in the UK press following its abolition as a connecting factor for inheritance tax (IHT) purposes. With effect from 6 April 2025, the UK replaced the longstanding domicile-based IHT test with one based on residence, introducing the new long-term residence (LTR) regime. See Practice Notes: A new residence-based regime for IHT from 2025–26 and New IHT regime from 6 April 2025—FAQs. Notwithstanding the fundamental changes to domicile as it relates to the UK’s IHT framework, domicile remains central to Scottish succession law and commissary practice. Domicile of origin A person’s domicile of origin is acquired at birth. The Family Law (Scotland) Act 2006 introduced a statutory test for determining the domicile of a person under the age of 16 (and therefore their domicile of origin) in Scotland on or after 4 May 2006. In terms of that test, a child will share the same domicile as their parents if
PRECEDENTS
[insert address of sender] Our ref: [insert reference] Your ref: [insert reference] [insert address of recipient] Date: [insert date] Dear [insert organisation name], Confirmation of assignment of intellectual property rights In consideration of the sum of £[insert amount] paid by [insert name of assignee] (us or our) to [insert name of assignor] (you or your), (the receipt and sufficiency of which is hereby acknowledged by you), you hereby: • confirm that by virtue of [insert details here of the agreement, legislative provision, instrument or circumstances according to which the assignment of the intellectual property rights has been effected] all rights title and interest
PRECEDENTS
[ To be printed on the headed paper of the Guarantor ] [insert date] To: [insert name and address of the lender] Dear [insert full name of lender] 1 We refer to the facility agreement dated [insert date of facility agreement] between [insert name of borrower] (the Borrower) and [insert name of Lender] (the lender) as amended, novated, supplemented, restated or replaced from time to time in accordance with its terms (the Facility Agreement). 2 We refer to the guarantee dated [insert
PRECEDENTS
CLAIM NO. [insert claim number] In the high court of justice BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) Companies court BEFORE [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge] [insert name of judge] DATED: [insert date]. In the matter of [insert company name] and In the matter of the companies act 2006 _______________________________________ Order _______________________________________ Upon the application by part 8 claim form dated [insert date] of [insert company name] (company number [insert company number]), with its registered office is at [insert address] (the Company) And upon hearing Counsel for
GLOSSARY
The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), from 30 June 2016, removed the requirement to file an annual return and replaced it with a requirement to submit a confirmation statement. The provisions are set out in CA 2006, Pt 24 (as inserted by SBEEA 2015, s 92).
NEWS
Local Government analysis: The High Court held that section 19(3) of the Care Act 2014 (CA 2014) permits a local authority to meet urgent care and support needs pending a reassessment and does not require completion of a needs assessment, eligibility determination or financial assessment. Medway Council’s successive refusals of interim support were unlawful because it had treated reassessment as a precondition to provide support, failed to consider relevant material and provided inadequate reasons. The decision reinforces R (Raja) v Redbridge LBC and confirms the potential for a ‘rolling’ judicial review where the statutory function and request continue. It also highlights the risks of procedural non-compliance, deficient contemporaneous reasoning and impermissible ex post facto rationalisation by public authorities. Produced in partnership with Sian Davies of 39 Essex Chambers.
CHECKLISTS
ARCHIVED: This Practice Note has been archived and is not maintained. Confiscation for offences committed after 1 November 1995 but before 24 March 2003 Where offences were committed on or after 1 November 1995 and the Criminal Justice Act 1988 as amended by the Criminal Justice Act 1993 and the Proceeds of Crime Act 1995 applies (see Practice Note: Confiscation under the Proceeds of Crime Act 2002—POCA 2002 commencement provisions) the following applies: • confiscation hearing can be postponed • assumptions can be applied • £10,000 minimum limit abolished • burden of proof on balance of probabilities Confiscation procedure under the Criminal Justice Act 1988 • the appropriate notice for the confiscation hearing must be given to the court • the notice should also be served on the defence • the prosecutor must serve a statement on the court and the defence • the statement must set out: ◦ the facts of the case ◦ the calculation of benefit ◦ the available realisable property for confiscation • the
PRACTICE NOTES
Matrimonial assets and confiscation A confiscation order is an order against a defendant in personam, albeit calculated with reference to their benefit from crime and any of their realisable assets, hidden assets and any tainted gifts. For more information, see Practice Note: Determining the recoverable amount under POCA 2002. This means it could take into account assets which were legally obtained or are entirely untainted by the offender’s criminality in circumstances where civil recovery of such property, under Part 5 of the Proceeds of Crime Act 2002 (POCA 2002), would be impossible. See further, Practice Note: Civil recovery orders under the Proceeds of Crime Act 2002. When a person is married, they will usually have assets which fall to be considered ‘assets of the marriage’ and, should the marriage break down, these assets could become the subject of financial provision proceedings, pursuant to which marital assets might be divided and shared between the parties in accordance with family law principles. The principles which apply in such proceedings are completely different from those which govern confiscation
PRACTICE NOTES
In the Crown Court, on application of the prosecutor (or on its own motion if the court thinks it appropriate), the court must consider making a confiscation order against a convicted defendant. This is an order requiring the payment of a sum of money equal to the benefit from crime, subject to assets available to pay it. The law governing confiscation proceedings may overlap but is separate to civil forfeiture proceedings brought under section 303Z14 of the Proceeds of Crime Act 2002 (POCA 2002), which apply different statutory tests and provisions. For information about confiscation orders under the POCA 2002, see Practice Note: Confiscation under the Proceeds of Crime Act 2002. Further, on conviction in the magistrates’ court for any offence including summary only offences, if the prosecutor requires it, the court must commit the case to the Crown Court to consider making a confiscation order. The two public prosecuting authorities in England and Wales are the Crown Prosecution Service (CPS) (into which the Revenue and Customs Prosecuting Office has been subsumed)