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PRACTICE NOTES
This Practice Note provides information on what a default costs certificate is, who can apply for one, the procedure they need to follow and the recovery of any costs involved. In addition, information is provided on applying for the default costs certificate to be set aside or seeking a stay of enforcement. The relevant provisions are found in CPR 47 and CPR PD 47. The default costs certificate procedure is not available in solicitor/client assessments (CPR PD 46, para 6.8). What is a default costs certificate? A default costs certificate will include an order to pay the costs to which it relates (CPR 47.11(2)). It provides for the full amount of the receiving party’s bill of costs to be paid along with the prescribed amount under CPR PD 47 for the receiving party’s costs of commencing the detailed assessment. It essentially brings the detailed assessment to an end without the need for a hearing, which means that the paying party will not have any input in respect of the amount of costs that is ordered by the court
PRACTICE NOTES
What is an interim costs certificate? An interim costs certificate is a certificate ordered by the court at any time after the receiving party has filed a request for a detailed assessment hearing (CPR 47.16(1)). The model form for which is Form N257 (CPR PD 47, para 16.10). The interim certificate will include an order to pay the costs to which it relates, unless the court orders otherwise. Note, the court has complete discretion to issue an interim certificate for an appropriate sum. There is no requirement that any of the costs be assessed or agreed first. Application for an interim costs certificate An application for an interim costs certificate can be made once a request for a detailed assessment hearing has been filed with the court (CPR 47.16(1)). The application should be made in accordance with CPR 23 (CPR PD 47, para 15). For information on making applications generally, see Practice Note: How to make an application for a court order (CPR 23). Filing and listing an application for an interim costs certificate The
PRACTICE NOTES
This Practice Note looks at the points of dispute and reply required for the detailed assessment procedure. It explains what points of dispute and replies are, how to vary these documents if required and what action the court may take, if any. It also identifies the relevant time limits for service and issues associated with failure to comply. What are points of dispute? The receiving party produces a bill of costs which sets out the costs it is seeking to claim under the detailed assessment procedure. The paying party is required to review the bill of costs and identify any items it disputes. The paying party then sets out the disputed items in a document known as the ‘points of dispute’ (CPR 47.9(1)). Any other party to the detailed assessment proceedings may also dispute the items in their own ‘points of dispute’. Form of the points of dispute When considering the form that the points of dispute should take, CPR PD 47, para 8.2 requires: ‘Points of dispute must be short and to the point. They
PRACTICE NOTES
This Practice Note provides guidance on the issues to consider when dealing with a detailed assessment hearing in the Senior Court Costs Office (SCCO). It looks at requesting a hearing and the consequences of failing to do so. It discusses what takes place between the request being made and the hearing, including any potential applications. As to the hearing, consideration is given as to who is entitled to address the court. Consideration is also given to the position in relation to privileged documents. This Practice Note should be read in conjunction with: Request for detailed assessment—checklist and Practice Note: Costs and proportionality. Applicable rules Generally, parties should ensure they are aware of the contents of CPR 47.14 and CPR PD 47, para 13.1 onwards. In addition information is provided in the Senior Courts Costs Office Guide (SCCO Guide), see: Court specific guidance. Requesting a hearing It is the receiving party's responsibility to apply for a detailed assessment hearing. This is done by filing a request for a detailed assessment hearing using Form N258 (general form) (the
PRACTICE NOTES
This Practice Note provides guidance on what is a detailed assessment, when it may be used and whether proceedings must be concluded. It also provides information on who can carry out a detailed assessment, the powers of an authorised court officer and how an objection can be made to an assessment being carried out by an authorised court officer. What is detailed assessment? Detailed assessment is a procedure which normally occurs after the conclusion of the claim where the court determines the level of costs payable by the unsuccessful party (paying party) to the successful party (receiving party). The assessment must be in accordance with CPR 47. The associated practice direction, CPR PD 47, provides additional guidance. Provisional assessment is a form of detailed assessment where the court provisionally assesses costs without a hearing, ie on paper. The assessment is undertaken by a district judge who provides a 'provisional assessment' of the costs the receiving party is entitled to. For further information on points that are specific to provisional assessment
PRACTICE NOTES
What does this Practice Note cover? This Practice Note forms part of our suite of detailed guidance on the main terms of the standard form Contracts for Difference (CfDs) issued to low carbon electricity generators pursuant to the CfD Allocation Rounds held to date. The focus of this Practice Note is the terms of the CfD contract relevant to the period from the point at which the project is commissioned (and therefore payment under the CfD contract begins) to expiry (or early termination) of the CfD. Our other relevant Practice Notes on the CfD and its key terms include: • Detailed guidance on the terms of the standard form Contract for Difference (CfD): from signature to commissioning—this Practice Note provides complementary guidance on the contractual provisions of the CfD relevant up to the point a project is commissioned (such as the contractually specified deadlines up to project commissioning) • Contracts for Difference (CfD)—key features—this Practice Note provides a detailed overview of the CfD
PRACTICE NOTES
This Practice Note forms part of our suite of detailed guidance on the main terms of the standard form Contract for Difference (CfD), issued to renewable electricity generators pursuant to the CfD allocation rounds held to date. The focus of this Practice Note is the terms of the CfD contract relevant to the period from CfD signature to the point at which the project is commissioned, and begins to be paid under the CfD. Our other relevant Practice Notes in this series include: • Detailed guidance on the terms of the standard form Contract for Difference (CfD): from commissioning to expiry—provides complementary guidance on the CfD contract provisions relevant once a project has been commissioned and subsidy payments have commenced • Contracts for Difference (CfD)—key features—provides a detailed overview of the CfD regime as a whole, including the pre-contractual legislative process under which standard form CfDs are awarded and the types and forms of standard and non-standard form
PRECEDENTS
Dear [insert expert’s name] Re: [insert name of client and the client’s date of birth (address and telephone number should be provided separately for the appointment arrangements)] Date of accident: [insert date of accident] Thank you for agreeing to report on this case. We are acting for the above named in connection with injuries received in an accident which occurred on the above date. Documentation In order to assist with the preparation of your report we have enclosed the following documents: [list documents enclosed with instructions eg GP records, ambulance, hospital records, etc] [We are obtaining the notes and records from our client’s GP, ambulance service and hospitals attended and will forward them to you when they are received. OR We attach an indexed and paginated bundle of notes and records which we have agreed with the Defendants.] Your instructions We should be grateful if you would examine our client and provide a full and detailed report dealing with any relevant pre-accident medical history, the injuries sustained, treatment received and present condition, dealing in particular with
NEWS
Immigration analysis: On 6 March 2026, the Home Office issued new versions of each of the three principal Worker and Temporary Worker Sponsor Guidance documents, as well as of other Sponsor Guidance documents including Appendix D (on retaining documents) and the Sponsor a Skilled Worker guidance. We have set out below a detailed list of all of the substantive changes, as well as other wording changes which the Home Office appears to have made to focus sponsors’ minds on recent operational concerns, in light of the current significant increase in compliance checks and enforcement (eg around salary underpayment). One important change is the replacement of the ‘genuine vacancy’ concept with the newly defined term ‘eligible role’, now contained in a new standalone glossary document. The new four-limbed definition embeds skill, salary and route requirements, compliance with wider employment law, and proportionality to the sponsor’s business model into a continuing test that must be met throughout sponsorship. Other operational-related changes include around illegal working requirements, and reinforcing the importance of Certificate of Sponsorship details matching the work actually undertaken (or reporting permitted changes). The wording around the standard of proof for the enforcement threshold in some cases has also been amended to ‘reasonable suspicion’, presumably as an attempt to expand the Home Office’s discretion to refuse, suspend or revoke licences. Other suitability/compliance amendments relate to concerns about dishonesty, salary inflation or risks to the integrity of the sponsorship system. At the same time, the guidance emphasises that participation in the sponsorship scheme (now formally termed a ‘scheme’) is voluntary and that a licence is granted and held at the Home Office’s discretion. There is also an increased focus on worker welfare and compliance with wider UK law, including a new requirement to inform sponsored workers of their employment rights and retain evidence of having done so. It had been anticipated that further guidance would be included on when and how employers are permitted to ‘claw back’ some immigration costs in circumstances where a sponsored worker leaves their employment early, but there were no more changes made on this aspect in the new guidance.
GLOSSARY
This sets out the methodology by which current cost valuations are obtained.
GLOSSARY
Detain describes the act of lawfully depriving a person of their liberty for a period of time, usually by the police, immigration authorities or other authorised bodies, without necessarily bringing immediate criminal charges. It typically involves preventing a person from leaving a place, such as a police station, prison, immigration removal centre, hospital or port of entry.Across England and Wales, Scotland, Northern Ireland and Ireland, detention powers are governed by statute (for example, Police and Criminal Evidence Act 1984, Criminal Justice (Scotland) Act 2016, Garda Síochána powers, immigration and mental health legislation), supplemented by case law on false imprisonment, unlawful detention and human rights (Article 5 ECHR).Key legal issues include: the source and scope of the power to detain; maximum detention periods; procedural safeguards (such as access to legal advice, notification of rights, judicial oversight and review); and remedies for unlawful detention. In criminal practice, “detain” often refers to custody for questioning or charge; in public law it commonly concerns immigration detention, mental health detention, and judicial review of deprivation of liberty. Usage and underlying concepts are broadly consistent across the UK and Ireland, though precise statutory frameworks and terminology differ.
GLOSSARY
The level at which radioactivity can be detected above background levels.