What does Insurance Distribution Directive apply to? Article 1(2) of the Insurance Distribution Directive (IDD) states that the IDD applies to any natural or legal person who is established in a Member State or who wishes to be established there in order to take up and pursue the distribution of insurance and reinsurance products. Article 2(2) of IDD means that the activities of advising on, proposing,

This Q&A assumes that this query relates to an opposition in respect of a UK trade mark application. If you are looking for Precedents, you should carry out your search, then filter by 'Precedents, drafting notes and clauses'. We do not have

Married Women’s Property Act 1882, s 17 (MWPA 1882) (s 17) confers jurisdiction on the High Court or the family court to deal with questions relating to both title and possession of property. While s 17 originally related to married couples it was extended to apply to engaged people by the Law Reform Miscellaneous Provisions Act 1970, s 2. MWPA 1882, s 17 does not give the court power to redistribute property between engaged people, simply to determine what their interests and rights are. In that sense s 17 overlaps with the Trusts of Land and Appointment of Trustees Act 1996, s 14 (TOLATA 1996), which gives the courts power to determine what interest a claimant, including formerly engaged people, have in land held on trust. Neither provision of itself gives someone engaged or formerly engaged any greater or different rights from those they would

The obligation to provide guaranteed minimum pensions (GMPs) is set out in sections 13(1) and 17(1) of the Pension Schemes Act 1993 (PSA 1993) (all the following section references are to that Act). Those two sections cover members’ GMPs and survivors’ GMPs respectively. Reference is made below just to members’ GMPs to avoid duplication, but the point is the same for both. Section 13(1) provides: ‘Subject to the provisions of this Part, the scheme must— (a) provide for the earner to be entitled to a pension under the scheme if he attains pensionable age; and (b) contain a rule to the effect that the weekly rate of the pension will be not less than his guaranteed minimum (if any) under sections 14 to 16.’ That requirement is varied by s 13(1A) as follows: ‘But a scheme may be amended so as to omit provision of the kind specified

CPR 11 CPR 11 concerns how a party may contest jurisdiction, either by arguing that the courts of England and Wales do not have jurisdiction to try a claim or by arguing that they should not exercise such jurisdiction because there is a more appropriate forum for the claim elsewhere (an argument on ‘non conveniens’ grounds). The purpose of having specific procedural rules is to avoid confusion regarding what steps will amount inadvertently to accepting jurisdiction, and to ensure that jurisdictional challenges are raised at an early stage. The procedure set out is that the party seeking to contest jurisdiction must first file an acknowledgment of service in accordance with CPR Part 10. Failure to do so exposes the party to the usual risk of

Do the Civil Procedure Rules 1998 apply to Property Chamber/Tribunal proceedings? It appears that the Civil Procedure Rules 1998 (CPR) do not apply to Property Chamber/Tribunal proceedings, other than in a couple of specified circumstances (see below). The Property Chamber has all the functions conferred on the First-tier Tribunal relating to: • a reference by the Chief Land Registrar and any other application, matter or appeal under the Land Registration Act 2002 • proceedings under any of the enactments referred to in the Agriculture (Miscellaneous Provisions) Act 1954, s 6A(2) or the Hill Farming Act 1946 • housing, etc under the Housing Act 2004 • leasehold property • residential property • rents • the right to buy • proceedings relating to mobile homes and caravan sites See the further reading link to commentary from Atkin's, Vol 40(2), para 33.1 for more information. Each Chamber of the First Tier Tribunal has its own set of procedural rules (see

This Q&A has assumed that the regulations referred to that apply in England and Wales are the Transfer of Undertakings (Protection of Employment) (Transfer of Police Staff to the National Crime Agency) Regulations 2019, SI 2019/267. For information on the distinction between police officers and police staff, see the section of Practice Note: Office-holders entitled 'Police'. Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), SI 2006/246, reg 3(5) the administrative reorganisation of a public administrative

CPR PD 55A deals with possession claims, including how to start them, the contents of the claim and possession hearings. CPR PD 55A, para 2.4 deals in particular with the contents of the Particulars of Claim and provides that where the claimant is aware that a party, including a mortgagee, is entitled to seek relief from forfeiture, details of that party must be included in the particulars and a copy of the particulars must be filed at court for service on that party. A long lease which contains provision

QOCS in practice In Qualified One-Way Costs Shifting: APIL Guide to Costs and Funding [4.3] states: ‘In his review of costs and funding, Jackson LJ concluded that: “The, perhaps unintended, consequence of this provision, is that QOCS is likely to apply retrospectively to cases where no relevant funding arrangement exists even where the claim has been ongoing for some time; so, for example, it will apply to a personal injury claim which was commenced prior to 1 April 2013 but which was privately funded by the client or a third party and/or funded through before-the-event insurance. Therefore, a claimant privately funding his own personal injury claim commenced, say, in 2009 and with extensive legal costs incurred on both sides, would, if his claim is concluded post 1 April 2013, escape liability

Crime analysis: Can an uninsured driver without a valid licence be criminally responsible for another driver’s death despite not being at fault at all for the collision? Robert Smith QC, head of New Park Court Chambers and leading counsel for the appellant in R v Hughes, advises the Supreme Court’s decision will bring to a halt the prosecution of drivers who are not responsible for any act or omission which makes anything other than a minimal contribution to a fatal collision.

This Q&A assumes that the individual concerned died habitually resident in a signatory state, namely Malta. The main purpose of Regulation (EU) 650/2012, known as the Succession Regulation (SR) or Brussels IV, is to ensure that there is one forum dealing with succession of a deceased individual's estate and that there is one law and one law only that determines how the estate as a whole is dealt with. The SR purports to clarify whether the law of habitual residence, nationality or any other jurisdiction will govern succession to the entire estate that falls in any way across a participating EU Member State. Applicable law Any law specified by the SR applies, whether or not it is the law of

For information on the national minimum wage generally, see Practice Note: National minimum wage. The worker’s right under section 1(1) of the National Minimum Wage Act 1998 (NMWA 1998) is to be paid at or above the minimum wage on average for time worked over a pay reference period, as defined in regulation 6 of the National Minimum Wage Regulations 2015 (NMW Regs 2015), SI 2015/621. Determining whether or not a worker is being paid the minimum wage involves, in essence, working out an hourly rate