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GLOSSARY
Corruption means dishonest or fraudulent conduct by those in power, typically involving bribery.
PRACTICE NOTES
Synopsis: According to the World Economic Forum, the cost of corruption amounts to at least US$2.6tn, which equates to no less than 5% of global gross domestic product. In fact some countries lose as much as 17% of their GDP to corruption (Valle, Martim Della & Schilling de Carvalho, Pedro. ‘Corruption Allegations in Arbitration: Burden and Standard of Proof, Red Flags, and a Proposal for Systematization’. Journal of International Arbitration 39, no 6 (2022). Financial losses from trade-based money laundering in developing countries totalled US$9tn between 2008 and 2017. However, the impact of corruption extends beyond the economic realm. It runs deep in society and not only hinders economic growth and development but also undermines consent, democracy and the rule of law. Arbitrators have an important role to play in addressing corruption and money laundering issues in international arbitration. This Practice Note is designed to facilitate identifying and understanding how to deal with corruption and money laundering issues in arbitrations.
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides a working guide to the law of corruption in the UK before the Bribery Act 2010 (BA 2010) came into force. This Practice Note explains pre-BA 2010 corruption law, which comprises: • the offence of bribery at common law • the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889) • the Prevention of Corruption Act 1906 (PCA 1906), and • the Prevention of Corruption Act 1916 (PCA 1916) Together, these are referred to as the pre-BA 2010 regime, which is the term used for the remainder of this Practice Note. This Practice Note examines the pre-BA 2010 regime and addresses its practical implications for both individuals and businesses. To assist those advising on the practicalities of prosecuting and defending investigations and prosecutions under the the pre-BA 2010 regime, see Practice Note: Pre BA 2010 bribery and corruption—Practicalities [Archived]. For further information on the current regime which applies under BA 2010, consult the following Practice Notes: • The Bribery Act 2010—an introductory guide • Failure to prevent bribery—the offence • Active bribery, passive
NEWS
Corporate analysis: In Cosmetic Warriors Limited and Lush Cosmetics Limited v Andrew Gerrie and Alison Hawksley, the High Court considered the construction of pre-emption right provisions contained in the articles of association of two companies that arose on a share transfer.
PRACTICE NOTES
This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. As with other types of cosmetic surgery claims, the rise of social media use has led to an increase in the number of these types of procedures being carried out. See Practice Note: Cosmetic surgery claims. Definitions Breast enlargement is a surgical procedure where the breast is enlarged by the insertion of breast implants. The implants are breast-shaped sacks with a silicone outer shell and a silicone gel or saline inner shell. Breast augmentation is a surgical procedure which attempts to correct breast shape for breasts that are not symmetrical or of very different sizes to each other. Trauma to the breast, a mastectomy operation or congenital deformity can all cause the breast to be misshaped. Breast reduction is a surgical procedure to reduce the size of the breasts. The operation is often carried out on women who have very large breasts, which cause them back and neck pain or emotional distress and
PRACTICE NOTES
Definition Guidance for doctors who offer cosmetic interventions, published by the General Medical Council (GMC) in 2016 and updated in December 2024, describes cosmetic interventions as: ‘...any intervention, procedure or treatment carried out with the primary objective of changing an aspect of a patient’s physical appearance. This includes surgical and non-surgical procedures, both invasive and non-invasive.’ There has been an explosion of cosmetic surgery procedures. This growth has been partly contributed to by online discounts. With this increase in procedures comes the potential for things to go wrong. Common cosmetic surgery claims Examples of common types of claim are set out below: • failure to obtain informed consent • breast enlargement and reduction • facelifts (rhytidectomy) • eyelid surgery (blepharoplasty) • botox and dermal filler treatment • nose reshaping (rhinoplasty)  • ear reshaping (otoplasty) • brow lifts • laser skin resurfacing  • cosmetic dentistry • tummy tucks or gastric band surgery • liposuction • other complications of surgery, such as damage to nerves, arteries and organs Background The Cosmetic Surgical Practice Working Party published
NEWS
Law360, London: Almost 70 cosmetics clinics, including tattoo studios and a flotation therapy centre, have sued two Lloyd's of London syndicates managed by Beazley for losses they claimed to have incurred after temporarily closing during the coronavirus pandemic.
GLOSSARY
A cost bill is a detailed, itemised statement of legal costs and expenses prepared for assessment, taxation or recovery between parties, or for approval of a solicitor’s fees by the court. It typically sets out professional fees, disbursements (such as counsel’s fees, experts’ charges and court fees), VAT and any uplifts or success fees, with dates, descriptions of work and time spent.In England and Wales and Northern Ireland, a bill of costs (or costs schedule) is commonly used in detailed assessment or summary assessment of costs under the Civil Procedure Rules or equivalent; “cost bill” is a descriptive term rather than a defined statutory expression. In Scotland, an account of expenses serves a similar function; in Ireland, a bill of costs is prepared for adjudication under the Legal Services Regulation Act 2015.Cost bills are central to costs litigation, solicitor–client fee disputes, and enforcement of costs orders. Accuracy, proper categorisation, and compliance with applicable rules and practice directions are critical, as defects can lead to reductions on assessment, disallowance of items, or adverse costs consequences.
PRACTICE NOTES
This Practice Note provides information on completing a costs budget. It should be read in conjunction with Practice Note: Costs budgeting—completing Precedent H (costs budget). This Practice Note sets out the form of Precedent H required which depends on the date that proceedings commenced (links are provided to the different forms). It goes through how to complete the form in conjunction with various checklists. It also considers issues which arise when acting in cases requiring costs budgets which involve multiple parties, multiple proceedings or group litigation. It covers how to approach hourly rates in respect of incurred and estimated future costs, including the practice of using composite or blended hourly rates to estimate future costs. It also covers partial completion of a budget, double counting, who can sign the budget, the costs of the budget along with the costs of costs management and proportionality. Form of the costs budget Long form or short form The Precedent for the costs budget is known as Precedent H. Whether you need to complete only the first page (short form)
GLOSSARY
A cost consultant can be used by an employer to provide advice and estimates regarding the cost of the construction works. This role is often carried out by a quantity surveyor.
GLOSSARY
SCCO Guide defines these as the judges sitting in the SCCO. Costs Judges also act as District Judges of the Principal Registry of the Family Division, and as District Judges of the County Court when assessing costs from those courts
NEWS
Dispute Resolution analysis: The defendants and third party who collectively advanced an untrue narrative in opposing a third-party debt order were held jointly and severally liable to pay the claimant’s costs. The fixed costs provisions in CPR 45 were disapplied in light of that concerted opposition. Written by Phillip Patterson, barrister, Gatehouse Chambers.