Refine By
Clear all filter
About 91395 results for "*"
PRACTICE NOTES
What does this guide cover? This guide introduces the key aspects of derivatives and acts as a guide to our Banking & Finance resources for those with no, or limited knowledge, of the area. It covers what is meant by derivatives, key terminology, features, parties and documents, example cash flows, early termination, key regulations and contentious issues relevant for lawyers specialising in derivatives transactions. For a more detailed introduction to derivatives, see Practice Note: Introductory guide to derivatives. For a more general guide to our banking and finance resources, see: Banking & Finance—new starter guide. What is meant by derivatives? A derivative is a type of financial instrument whose value is based upon the value of an underlying asset, index, rate or reference point. Derivatives involve the transfer of risk from one party to another (for more information, see Practice Note: Derivatives—key considerations—overview). They can be used to limit a party's exposure to a variable or allow a party to gain exposure to that variable. Many different types of entities enter into derivatives such
GLOSSARY
Diseases of the skin characterised by rashes and inflammation.
PRACTICE NOTES
This Practice Note considers how civil liability is imposed when a person, typically (though not exclusively) an employee, suffers dermatitis due to exposure to substances hazardous to health. It also considers whether a symptomless sensitisation condition caused by exposure to substances at work can amount to actionable damage. Before 1 October 2013, cases involving dermatitis caused by exposure to hazardous substances were governed by the statutory framework set out in the Control of Substances Hazardous to Health Regulations 2002 (COSHH Regs 2002), SI 2002/2677, as amended. For injuries suffered on or after 1 October 2013, section 69(3) of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) amended section 47 of the Health and Safety at Work etc Act 1974. As a result, breach of the COSHH Regulations 2002 no longer gives rise to civil liability. For further guidance for accidents or injury occurring on or after 1 October 2013, see Practice Notes: Section 69 of the Enterprise and Regulatory Reform Act 2013 and Section 69 of the Enterprise and Regulatory Reform
PRACTICE NOTES
This Practice Note explains the rule against derogation from grant and the circumstances in which it applies in relation to leases. It also explains the covenant for quiet enjoyment and how it interacts with derogation from grant and covers common drafting issues and other issues to consider. The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet enjoyment. There is a substantial overlap between the two, but there is a fundamental difference. The obligation not to derogate from grant runs with the land. If a landlord lets one property and sells the adjoining one, the buyer is not liable to the adjoining tenant on the covenant for quiet enjoyment as they are not, and have never been, its landlord. However, they are liable to the tenant on the obligation not to derogate from grant. The seller/landlord became bound not to derogate from its grant to the tenant in respect of the property it subsequently sold
PRACTICE NOTES
Legislation The: • Part 1 of the Wildlife and Countryside Act 1981 • the Conservation of Habitats and Species Regulations 2017, SI 2017/1012 (Habitats Regulations), in England and Wales and their respective seas up to 12 nautical miles from the coast, and • the Conservation of Offshore Marine Habitats and Species Regulations 2017, SI 2017/1013 (Offshore Regulations) which apply in UK waters more than 12 nautical miles from the coast transpose into English and Welsh law the provisions of Archived Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (as it had effect immediately before IP completion day (11 pm on 31 December 2020)). For information on how Brexit has impacted the habitats regime, see Practice Note: Brexit—the implications for English and Welsh planning law and practice. Derogation requirements The Habitats Regulations Assessment (HRA) requirements require the assessment of 'plans or projects' that are likely to have a significant effect on a European site, or, in England, a Ramsar site. Such plans or projects can only proceed if, having carried
GLOSSARY
The author of a copyright literary, dramatic, musical or artistic work, and the director of a copyright film, has the right not to have the work subjected to derogatory treatment.
GLOSSARY
An electronic circuit that restores an intentionally scrambled video signal to its original standard form.
GLOSSARY
A descriptive mark is a trade mark that directly describes a characteristic, quality, purpose, intended use, geographic origin or other feature of the goods or services, rather than indicating commercial origin. In trade mark practice in the UK and Ireland, descriptive marks typically consist of ordinary, promotional or laudatory words that traders would reasonably wish to use, such as “FRESH BREAD” for bakery products.Under the UK Trade Marks Act 1994 and the Irish Trade Marks Act 1996, as interpreted by UK, Irish and CJEU case law, purely descriptive marks are generally refused registration for lack of inherent distinctiveness. However, they may qualify for registration if the applicant proves “acquired distinctiveness” through extensive use, so that relevant consumers recognise the sign as indicating a single trade source.The concept and legal treatment of descriptive marks is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, reflecting harmonised EU-derived standards. In practice, identifying whether a sign is descriptive is a frequent issue in trade mark clearance, prosecution and infringement disputes, and is central to assessing registrability and enforcement risk.
GLOSSARY
The wilful abandonment of one's spouse or civil partner (and children) without their consent and with the intention of forsaking and /or abandoning all legal obligations in respect of them.
PRACTICE NOTES
The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper forms. Such applications are not impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This document covers the position for proceedings issued prior to 6 April 2022. Legislative changes have been made as a consequence of DDSA 2020, including to FPR 2010, Pt 7. To view a historic version of FPR 2010, Pt 7, and FPR 2010, Practice Direction 7A as applicable to proceedings issued prior to 6 April 2022, see below: This Practice Note
GLOSSARY
Designs can have three types of intellectual property protection in the UK: protection as registered designs, unregistered designs or copyright.
GLOSSARY
The hypothetical accident that informed the design of the plant.