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GLOSSARY
A pension paid to a dependant of a member of a registered pension scheme following the death of that member, the entitlement to which is an absolute entitlement under the scheme and that meets the conditions laid down in paragraph 16, Schedule 28 to the Finance Act 2004
PRECEDENTS
1 Dependencies 1.1 The Supplier’s non-performance of its obligations under this Agreement shall be excused if and to the extent: 1.1.1 the non-performance results from
GLOSSARY
Dependents benefits are payments or entitlements provided to a deceased or incapacitated person’s spouse, civil partner, children or other financial dependants, typically following death, injury, illness or retirement. The term is descriptive rather than a single defined concept, and its precise meaning depends on the statutory or contractual scheme in issue.In UK and Irish legal practice, dependants’ benefits commonly arise in pensions law (survivor’s pensions, dependants’ pensions and lump sum death benefits), social security and welfare benefits, life insurance, workers’ compensation, and fatal accident or dependency claims. Eligibility usually turns on statutory definitions of “dependant”, “survivor” or “qualifying person”, or on wording in trust deeds, scheme rules, employment contracts or policy terms.Key issues for practitioners include establishing dependency (financial or otherwise), interpreting scheme or statutory definitions, tax treatment of dependants’ benefits, priority between competing claimants and challenging or defending trustee or administrator discretion. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, but the underlying legislation, social security systems and pension regimes differ by jurisdiction and must be checked in each case.
NEWS
TMT analysis: The feature film The Lost King (the Film) unarguably portrayed the claimant Richard Taylor in a negative light. However, the claimant and the defendants disagreed over precisely what the Film suggested about the claimant. The claimant argued that the Film suggested he: had dishonestly tried to steal credit for himself that belonged to Philippa Langley; had behaved in a misogynistic way towards Ms Langley; had set out to frustrate a condition set by Ms Langley for Richard III’s reburial; and that he had behaved in an ableist manner. The court did not agree with these elements; however it did find that the meaning conveyed by the Film was defamatory of the claimant at common law. Written by Hugo Mason, associate at Simkins LLP.
GLOSSARY
Depleted Uranium is uranium primarily composed of the isotope uranium-238. Typically, it will have a percentage of uranium-235 smaller than the 0.7 percent found in natural uranium. It is obtained from used fuel elements or as by-product tails, or residues, from uranium isotope separation.
PRACTICE NOTES
Deportation is the process by which a non-British citizen can be removed from the UK and prevented from lawfully returning. The power to deport is found in sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007). A deportation order has a number of effects: • it requires the subject to leave the UK • it automatically invalidates any leave to enter or remain—either given before the deportation order is made or while it remains in force • it prohibits the subject from re-entering the UK unless, and until, it is revoked The process of deportation must be distinguished from that of administrative removal (see Practice Note: Administrative removal). Some deportation decisions generate a right of appeal. In other cases the only legal challenge may lie by way of judicial review. For more information see: Rights of appeal and Judicial review—overview. Knowingly entering the UK in breach of a deportation
GLOSSARY
Enforced removal from the United Kingdom pursuant to a deportation order made by the Secretary of State under Immigration Act 1971, s 5.
GLOSSARY
An order made by the Secretary of State requiring a person to leave and prohibiting him from entering the United Kingdom.
PRACTICE NOTES
This Practice Note considers when an employment tribunal may order a party to pay a deposit as a condition of continuing in proceedings. It looks at the form and amount of such an order, the consequences of a failure to pay the deposit, and the consequences when the issue for which the deposit was ordered is decided. Where some or all of a claim, response or reply (in relation to an employer’s counterclaim) has no reasonable prospect of success, the appropriate approach may be to strike it out: for further guidance, see Practice Note: Striking out and unless orders in employment tribunal proceedings—Striking out where there is no reasonable prospect of success. However, establishing that some or all of a claim, response or reply has no reasonable prospect of success is a high hurdle; the test will not be passed where the prospects are merely doubtful or poor if there is still a realistic (albeit weak) possibility that the relevant party will succeed on the point(s) in question. Where the threshold for striking out cannot
GLOSSARY
The Banking Act 1987 (BA 1987), s 5, defined 'deposit' to mean a sum of money paid on terms under which it will be repaid, with or without interest or a premium, and either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it; and which are not referable to the provision of property or services or the giving of security.
GLOSSARY
In the context of the Listing Rules, an entity, usually a bank, that issues Certificates representing certain securities or Depositary receipts that have been admitted to listing or are the subject of an application for admission to listing.
GLOSSARY
A negotiable (transferable) certificate or other instrument which confers contractual or property rights (other than rights consisting of options) in respect of any share (or certain other security) held by a depositary. Depositary receipts are also known as Global depositary receipts and Certificates representing certain securities and can be admitted to listing on the standard segment of the Official List under Chapter 18 of the Listing Rules.