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GLOSSARY
The organisation that will pay or receive money under CfD contracts between the Government and low-carbon generators. The money to make the payments under the CfD contracts comes from the Levy Control Framework. The spending cap under the Levy Control Framework is set to rise from £2 billion in 2011-12 to £7.6 billion in 2020-21 (in 2011-12 prices).
PRACTICE NOTES
Defining counterparty risk Counterparty risk refers to the risk that one party takes in entering into derivative contracts with a particular party. This may introduce a number of risks, including reputational or legal risk, but the principal risk is credit risk. This is the risk of that counterparty failing to honour its obligations as and when they become due. Reputational risk can be dealt with at the beginning of negotiations in a decision whether to trade with that counterparty and legal risk can similarly be addressed through legal advice and contractual negotiation. However, the credit risk on a counterparty will continue through the life of a transaction and, as such, will require constant monitoring and the ability to reconsider transactions with that party should the risk be considered to have changed in a material respect. Measuring counterparty risk The creditworthiness of a counterparty to a derivative contract may change during the life of a contract. This is particularly true where derivative contracts have long dated maturities. Consequently, the counterparty’s credit quality needs to be measured on a regular
NEWS
A joint paper published by Garden Court Chambers, the Shpresa Programme and MiCLU sets out a compendium of country information relevant to Albanian trafficking cases and other protection appeals where sufficiency of protection, the utility of reintegration assistance and internal relocation are relied on to refuse an individual's claim.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The right to roam on open land has many similarities to the right to travel from A to B (which characterises a public highway), but the right to roam is entirely statutory. Mostly, the right is set out in the Countryside and Rights of Way Act 2000 (CRWA 2000). Unlike a highway right, the right to roam needs no origin or destination in its use or definition. CRWA 2000 was introduced in order to clarify and extend the right of the public to walk across open countryside. The various regulations and restrictions in the legislation are intended to make it clear that walking is permitted, but that the walkers must respect the rights of other users of the countryside. CRWA 2000 was introduced in order to clarify and extend the right of the public to walk across open countryside. The various regulations and restrictions in the legislation are intended
NEWS
The County Councils Network (CCN) has issued a letter to Prime Minister Sir Keir Starmer and Housing Secretary Steve Reed concerning recent local government reorganisation in England. Endorsed by 16 affected councils, including North Lincolnshire, the letter raises concerns regarding the creation of 15 new unitary councils, noting that these decisions diverge from the established government criteria on scale, sustainability and service resilience. The CCN highlights that the resulting fragmentation, complex boundary revisions and accelerated implementation schedules may undermine the delivery of essential services, particularly in adult and children’s social care and could increase taxpayer costs. The network calls for the publication of supporting evidence and departmental analysis to clarify the decision-making process and to assess the feasibility of the proposed reforms.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Note: CPR PD 51S was repealed with effect from 11 am on 1 March 2022, but remains in force for claims issued under the pilot on or before 28 February 2022—see: LNB News 02/03/2022 34—Civil Procedure Rules 141st Practice Direction update—in force 1 March 2022 and LNB News 21/02/2022 58—CPRC repeals County Court Online Pilot. County Court damages claims can be brought under the Damages claims pilot scheme in CPR PD 51ZB—see Practice Note: Damages claims pilot scheme—CPR PD 51ZB. For the version of CPR PD 51S in force prior to it being repealed, see: For information on County Court money claims, see Practice Notes: Online Civil Money Claims pilot scheme—CPR PD 51R, County Court Money Claims—how and where to issue and County Court Money Claims—transfer and jurisdiction of legal advisers. This Practice Note deals with a pilot scheme to test a procedure to enable legal representatives to file and issue County Court money claims (specified or unspecified)
NEWS
PI & Clinical Negligence analysis: Product liability claims do not involve allegations of breach of a duty of care and are neither employer’s liability nor public liability claims. The County Court found that product liability claims are not covered by the portal. Fixed recoverable costs do not apply as CPR 45.29E has no application. Accordingly, costs could be claimed on an hourly rate basis. Written by Paul Balen, consultant, Freeths LLP.
NEWS
Dispute Resolution analysis: In this County Court decision it was determined that the court has no jurisdiction to determine enforcement claims under common law. The value of the Qatari judgment was below the threshold for commencing proceedings in the High Court and therefore the proceedings had been commenced in the County Court. It was held that the County Court, as a creation of statute, had no jurisdiction to determine such claims and that the appropriate procedure would have been to raise the issue of jurisdiction at the onset and make an application to transfer to the High Court.
FLOWCHARTS
County Court judgment creditor—what are my enforcement
PRACTICE NOTES
This Practice Note considers in particular the following rules in relation to County Court judgments: • CPR 40.9A County Court judgments and orders—variation of payment • CPR 40.13A County Court set-off of cross-judgments • CPR 40.14A County Court certificate of judgment When can you vary a payment ordered under a County Court judgment? CPR 40.9A provides that where a judgment creditor has obtained a County Court order or judgment for the payment of money, either the judgment creditor or the judgment debtor can apply to court for a variation in the date or rate of payment. The County Court has the power to order the money to be paid in one sum or by instalments under section 71 of the County Courts Act 1984 (CCA 1984). The Court of Appeal decision of Loson v Stack gave guidance as to the test which ought to be applied when a court is asked to make an order for payment by instalments under CPR 40.9A. It held that the court has to exercise its discretion in
PRACTICE NOTES
This Practice Note should be read in conjunction with Practice Note: Starting civil claims in the County Court, which considers starting civil claims in the County Court in general. This Practice Note considers where and how to issue a County Court money claim (CCMC) under CPR 7. For information on bringing a claim in the County Court under CPR 8 (which deals with claims where there is no substantial dispute of fact and claims in specific types of proceedings), see Practice Note: Starting civil claims in the County Court—Where to issue CPR 8 claims in the County Court. What is a County Court money claim (CCMC)? A claim for money can be for a specified or unspecified amount of money (CPR PD 7A, para 5.1(1)(b)) and includes a claim for damages—the CPR glossary defines damages as a ‘sum of money awarded by the court as compensation to the claimant’. Many CCMCs are issued in the Civil National Business Centre (CNBC) or using one of the online claims services available in the County
PRACTICE NOTES
This Practice Note sets out when a County Court money claim (CCMC) (including a debt claim) will be transferred, either from one County Court hearing centre to another pursuant to the automatic transfer regime under CPR 26.3, or following a request for judgment following strike-out, a request for default judgment or the making of an admission. It also considers the jurisdiction of County Court legal advisers under CPR PD 2E. For information on what a CCMC is and issuing a CCMC, see Practice Note: County Court money claims—how and where to issue. For information on allocation of claims by the court to a management ‘track’ and the matters dealt with in the notice of proposed allocation, see Practice Notes: Case management—allocation—the different case management tracks and Case management—track allocation and assignment—position on or after 1 October 2023. Transfer of CCMCs When issuing a CCMC, the claimant will have specified their 'Preferred County Court Hearing Centre' in their claim form (Form N1). The preferred hearing centre is the hearing centre to which