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GLOSSARY
Describes a situation where contractor stops carrying out the works for a prolonged and consecutive period of days (for example 20 business days) or for a longer non-consecutive period of days throughout the life of the project (for example 60 business days) and does so wilfully and without a reason. Abandonment is usually classed as a contractor default which would allow the authority to terminate the Project Agreement and/or Project Co to terminate the construction contract.
GLOSSARY
An abandoned application is one that no longer proceeds because the applicant missed a procedural deadline, failed to pay a required fee, failed to respond to an official notice, or expressly withdrew it. In practice across the UK and Ireland-including intellectual property filings (patents, trade marks and designs) before the UKIPO or the Intellectual Property Office of Ireland, court and tribunal applications, immigration and licensing-rules commonly provide that non-compliance results in the application being treated as withdrawn, deemed withdrawn, struck out or dismissed for want of prosecution. “Abandoned application” is therefore a descriptive expression used across procedures rather than a term generally defined in legislation or case law, though some regimes use it in guidance.Key features include: no decision on the merits; loss of any filing or priority date; fees typically non-refundable; further progress requires refiling or a permitted route to revive (restoration, reinstatement, extension of time or relief from sanctions, as applicable).Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the formal label varies (withdrawn, deemed withdrawn, lapsed, dismissed). Check the governing rules for deadlines, notice requirements and any right to revive.
GLOSSARY
Abandoned property describes assets which the original owner has voluntarily given up possession of, with no intention to recover them. In UK and Irish practice it is a descriptive term used across areas such as landlord and tenant, insolvency, succession, personal property and lost goods, rather than a single codified concept. Key issues include establishing intention to abandon (often inferred from conduct and the passage of time) and determining who may then lawfully take possession or title, for example a landlord, personal representative, liquidator or, for bona vacantia, the Crown or State. Abandoned property is distinct from lost or mislaid property, where the owner retains an intention to recover. In England and Wales, Scotland and Northern Ireland, common law and statute (for example, landlord and tenant and insolvency legislation) guide treatment of goods left on premises or unclaimed funds. In Ireland, similar principles apply under common law, supplemented by specific statutory regimes for unclaimed or dormant assets. Across all four jurisdictions, practitioners must consider notice requirements, duties of care, disposal procedures, competing claims and limitation periods when advising on property alleged to be abandoned.
PRACTICE NOTES
Abandoned vehicles offences Section 2 of the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978) makes it a criminal offence to abandon, without lawful authority, a motor vehicle on any land in the open air or on any other land forming part of a highway. It is also an offence to abandon anything that formed part of a motor vehicle and was removed from it during the course of dismantling the vehicle on the land. Where the vehicle is not abandoned but is parked on the road and is causing a nuisance to residents and road users, this may also be an offence. See Practice Note: Nuisance parking criminal offences. Sentences for abandoning a vehicle The maximum penalty on summary conviction is a level 4 fine, three months’ imprisonment or both. RD(A)A 1978, s 2A permits an authorised officer of a local authority to issue a Fixed Penalty Notice (FPN) as an alternative to prosecution for the offence. The fixed penalty is set at £200. Duty of local authority in respect of abandoned vehicle RD(A)A 1978, s 3 imposes
PRACTICE NOTES
Produced in association with 4 Pump Court This Practice Note explains that it is possible for a referring party to abandon an adjudication, which has already been started, before the adjudicator has issued their decision. It looks at the cost consequences of doing so, and considers whether a party that has discontinued an adjudication can subsequently commence a second one on the same dispute. For guidance on the situation where an adjudicator resigns (eg because they consider that they do not have jurisdiction to act), see Practice Note: Resignation by the adjudicator. Entitlement to abandon an adjudication In litigation, a claimant who has brought a claim needs either the agreement of the other party or an order of the court to withdraw or abandon its claim. This is because the withdrawal or abandonment (otherwise known as discontinuance) will generally be accompanied by an order that the claimant must pay the defendant’s costs of the action. In adjudication, however, the position is different because there is no general entitlement to recover costs (see below and Practice
GLOSSARY
Description of the practice of employers making their previously sponsored schemes independent of their sponsor.
GLOSSARY
The receipt by legatees of part of or none of their entitlement due to insufficient assets to discharge the entitlements in full.
GLOSSARY
Where a member’s public service pension is reduced when he is re-employed after drawing his pension because his new salary and pension should not be more than the member’s salary on retirement.
GLOSSARY
A statutory notice requiring a specified activity to cease, or certain improvements to be implemented.
PRECEDENTS
[name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section 80 of the Environmental Protection Act 1990 To: [name] of [address] Take notice that 1 The [name] [District] [Borough] [City] Council (the Council) is satisfied that a statutory nuisance [exists OR is likely to [occur OR recur] ] under section 79(1) [specify which subsection] of the Environmental Protection Act 1990 (EPA 1990) from [the premises at] [specify the address of the source of the nuisance] arising from [describe the matters which are causing the nuisance]. 2 This abatement notice is served on you because you are [the person responsible for the statutory nuisance OR [the owner OR the occupier of] the
NEWS
Law360: An appeals tribunal has rejected Abbott Laboratories' application to escape a whistleblowing case brought by the founders of a British DNA technology business that it bought, concluding that the founders had an arguable case that UK judges had jurisdiction.
GLOSSARY
If the accounts of a small company (that is not a micro-entity) relate to financial years beginning before 1 January 2016 (or financial years beginning before 1 January 2015, if the directors of the company decide that the provisions of the Companies, Partnerships and Groups (Accounts and Reports) Regulations 2015 (SI 2015/980) should take early effect), it may file abbreviated accounts at Companies House, rather than its full accounts. If the accounts of that same company relate to financial years beginning on or after 1 January 2016 (or financial years beginning on or after 1 January 2015, if the directors so decide) it may file abridged accounts at Companies House if it chooses to do so and all the members of the company have consented to the abridgement. The required level of disclosure in abbreviated accounts is lower than the level required in full accounts. One of the key advantages of filing abbreviated accounts is that a small company may preserve some degree of confidentiality about its activities.