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Q&As
Paragraph 21.57 of the Chancery Guide states, among other things, that if a petition is being heard in the Wednesday winding up list at the Rolls Building, because of the large number of cases in a short time frame it will usually be inappropriate to file a skeleton argument or a bundle for the hearing.
Q&As
CPR 23.9 allows the court to make an order where the respondent has no notice of the application seeking it. After an application without notice has been granted or dismissed, the applicant must, unless the court orders otherwise, serve on the respondent(s): • the court order (stating that the respondent can apply to set it aside) • a copy of the application notice, and • any evidence in support See
Q&As
A value added tax (VAT) invoice must normally be provided when a VAT registered person supplies goods or services to another VAT registered person. A VAT invoice must be provided when a VAT registered person: • makes a taxable supply (ie a supply that is not exempt) of
Q&As
The Perpetuities and Accumulations Act 2009 (PAA 2009) disapplied the rule against perpetuities for options and so options granted after 6 April 2010 need not specify a long-stop date. Prior to PAA 2009, a call option would be void if not exercised within
Q&As
Form VAF4A (Appendix 2) is filled out by an individual making an application under Immigration Rules, Appendix FM to demonstrate how they intend to meet the financial requirement.
Q&As
The legal and contractual principles under which a video conference (VC) mediation is conducted (eg without prejudice, confidentiality, privilege etc) are the same as for an in-person mediation. The process is typically the same too, with the mediator hosting a virtual joint session at the beginning of the day followed by a succession of virtual private sessions with each party in their separate virtual rooms. But there may be some practical differences/considerations in the process, including: • pre-mediation review • staggered joining times • plenary meeting • maintaining focus Each of these are discussed in turn below. Pre-mediation review With a VC mediation the mediator will usually ask for there to be a pre-mediation review—a joint video call between the lawyers using the chosen video conferencing platform taking place a few days before the mediation day. This is ostensibly to check that the advisers each have the IT working and are familiar with operating the platform’s user interface. But lawyers should
Q&As
Our Conditional fee agreements—questions answered confirms under the sub-heading ‘when do I need to notify the court and other parties?' that you do not need to notify the court or the other parties about a CFA entered into on or after 1 April 2013. The pre-6 April
Q&As
The applicability of ‘Rights of Third Parties’ clauses to trust documents The issue in this Q&A is whether a ‘Rights of Third Parties’ clause can be used in trust documents, such as a deed of appointment appointing trust assets to a beneficiary. If so, is it likely to be enforceable, or are such clauses only used in contracts/commercial transactions. ‘Rights of third parties’ clauses The Q&A refers to the standard clause inserted in contracts since the enactment of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999). The clause is generally to the following effect: ‘Contractual rights of third parties No person who is not a party to this agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this agreement.’ Alternatively, it
DoE
GLOSSARY
US Department of Energy (also known as USDoE)
NEWS
The Department of Health Northern Ireland (DoH NI) has announced that NI will be included in Westminster’s Tobacco and Vapes Bill, subject to approval by the NI Assembly. The proposed legislation will make it illegal to sell tobacco products to anyone born on or after 1 January 2009. The UK government's plans include a ban on disposable vapes, which is anticipated to be progressed under environmental legislation in Great Britain. The Department of Agriculture, Environment and Rural Affairs is considering next steps for Northern Ireland.
PRACTICE NOTES
Macfarlanes and Burness Paull advised Dobbies Garden Centres, the UK’s largest operator of garden centres, on its restructuring plan (RP) under Part 26A of the Companies Act 2006 (CA 2006), which was approved by Lord Braid in the Court of Session in Scotland on 9 December 2024. A RP is a procedure pursuant to which a company in financial difficulty can make a compromise or arrangement with its creditors to eliminate, reduce, prevent, or mitigate the effect of its financial difficulties. Such compromises and arrangements can take a variety of forms, including amendments and extensions of debt, debt for equity swaps and amendments to the terms of, and compromise of rent payable under, leases and other property-related liabilities. The RP process was introduced during the coronavirus (COVID-19) pandemic in 2020 to provide a new restructuring tool in the UK. While there is a great deal of similarity between the regime for RPs and
NEWS
Law360: The Employment Appeal Tribunal (EAT) has rejected a doctor's claims that the Greater Glasgow Health Board owed him holiday pay, ruling that he wasn't a worker because he had contracted to provide services as part of a partnership.