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GLOSSARY
The concept whereby an employee takes a period of absence without the employer's permission or authorisation.
PRECEDENTS
Complete absence/leave form below and obtain managers approval signature. Send original copy of this completed form to HR and retain a copy for your records. 1 General Name [Insert name] Department [Insert department] Manager [Insert
Q&As
There is no right at common law for A to enter B’s land to carry out repairs to A’s property. Without an express right, or B giving consent, A would be committing trespass if they did so. However, A does however have some limited rights under the Access to Neighbouring Land Act 1992 (ANLA 1992). Under ANLA 1992, s 1(1), A can apply to the court for an access order if they wish to enter B’s land to carry out work to A’s land, and B does not consent. The court will grant an access order if, and only if, it
GLOSSARY
A term used in relation to regarding statutory child support in relation to the parent with whom a child does not primarily live, now replaced with 'paying parent'.
PRACTICE NOTES
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code. What is an absolute discharge? An order for absolute discharge under SA 2020, s 79 is an order discharging an offender absolutely in respect of an offence. An absolute discharge is the most lenient sentence available to the court. It may be imposed where the court is satisfied that it would be 'inexpedient' to inflict a punishment on the convicted offender, taking into account the nature of the offence and the character of the offender. An absolute discharge is usually only used where the court considers that the offender is technically guilty of an offence (and has been convicted) but is otherwise blameless. The making of an such an order does not prevent the court from imposing a disqualification or other court orders on the
PRACTICE NOTES
Absolute and relative grounds A trade mark’s essential function is to be a badge of origin. It distinguishes the goods and services of one undertaking from those of other undertakings. Any mark may be registered as a trade mark unless a specified ground for refusal exists. The grounds for refusal are divided into two classes described as ‘absolute grounds for refusal’ (which relate to the intrinsic qualities of the mark and its ability to function as a trade mark) and ‘relative grounds for refusal’ (which relate to conflicts with earlier rights). It is possible for an application to be partially refused where the relevant ground for refusal applies only to some of the goods or services designated in the application. When a trade mark application is filed, the UK Intellectual Property Office (IPO) examines the application in order to determine whether or not the mark applied for falls within one of the 'absolute grounds' for refusal. For more information, see Practice Note: Application to register a UK trade mark. In
PRACTICE NOTES
EU trade marks (EUTMs) This Practice Note sets out the basis on which trade mark validity (or invalidity) is assessed in the context of EU trade mark (EUTMs) registrations and explains the grounds on which an EUTM application may be refused registration by the EU Intellectual Property Office (EUIPO). An EUTM is a single trade mark covering all EU Member States. For more information about the EUTM regime, see Practice Note: EU trade marks (EUTMs). The law relating to the registration of EUTMs is governed by Regulation (EU) 2017/1001 (the EU Trade Mark Regulation), Implementing Regulation (EU) 2018/626 and Delegated Regulation (EU) 2018/625. For more information about the legislation underpinning the EUTM regime, and details of recent cases, see Practice Notes: EU trade marks—legislation and Trade marks tracker—EU. This Practice Note focuses on the EUTM regime, rather than on the treatment of national trade marks across the EU pursuant to Directive (EU) 2015/2436 (the EU Trade Mark Directive). However, it makes reference where relevant to the EU Trade Mark Directive and to cases
PRACTICE NOTES
This Practice Note provides practical guidance on the investigating authority’s obligation to assess an increase in imports in absolute and relative terms. It provides guidance on when an investigating authority can rely on absolute or relative terms to establish if there was an increase in imports. It also provides guidance on the reliance on absolute and relative terms in assessing serious injury. Introduction When determining serious injury, one of the factors that investigating authorities consider is the rate and amount of increase in the imports. This is the case as one of the conditions for imposing safeguard measures is that there must be an increase in imports. The World Trade Organization’s Agreement on Safeguards requires that safeguard measures may only be imposed if it has been determined that: • the product has been imported in such increased quantities, absolute or relative to domestic products, and • under such conditions as to cause or threaten to cause serious injury to the domestic industry Additional Article XIX:1 of the General Agreement on Tariffs and Trade 1994
PRACTICE NOTES
In brief A public authority need not disclose information following a request for information made under the Freedom of Information Act 2000 (FIA 2000) if: • the estimated cost would exceed the appropriate limit • the request is vexatious • the request is repeated, or • an exemption applies FIA 2000 contains 24 exemptions which permit an authority to withhold the requested information. These exemptions fall broadly into the following two categories: • absolute exemptions • qualified exemptions, which are subject to a public interest test When dealing with a freedom of information request, even one where an exemption applies, an authority must still act according to the duty to provide advice and assistance so far as it would be reasonable. And so, even when information is deemed exempt, an authority should not merely issue a refusal notice, but rather it should also consider what assistance to provide to the applicant. For further reading, see Practice Note: Procedural traps in relation to FOI requests—Duty to provide advice and assistance. This
GLOSSARY
Where an individual debtor's debts exceed the total value of assets
GLOSSARY
Absolute novelty, in patent law, means that an invention is new if it has not been used or published anywhere in the world.
GLOSSARY
Absolute privilege describes a complete defence to defamation (libel and slander), whereby certain statements cannot give rise to liability, even if they are false and made maliciously. It protects the occasion on which the words are spoken or published, not their truth or the speaker’s motive.In England and Wales, Scotland and Northern Ireland, absolute privilege arises mainly in: (i) parliamentary proceedings and papers; (ii) statements made in the course of judicial and quasi‑judicial proceedings (including by judges, advocates, parties and witnesses); and (iii) certain communications between lawyers and clients in the conduct of litigation. The core principles are derived from case law, supplemented by statute such as the Parliamentary Papers Act 1840 and defamation legislation.In Ireland, the categories are broadly similar, with absolute privilege recognised in parliamentary, judicial and certain other official contexts, reflected in the Defamation Act 2009 and case law.The privilege is “absolute” in that it is not defeated by proof of malice. It is narrowly construed and distinguished from qualified privilege, which protects only statements made without malice and on an occasion of legal, moral or social duty or interest.