Refine By
Clear all filter
About 91497 results for "*"
PRACTICE NOTES
Compared to other IP rights, authors are given a long term of protection under the Copyright, Designs and Patents Act 1988 (CDPA 1988) as amended by the Duration of Copyright and Rights in Performances Regulations 1995 (Duration Regulations), SI 1995/3297. The Duration Regulations were implemented in the UK on 1 January 1996. This Practice Note includes references to pieces of EU legislation, which are assimilated law. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. For more information, see Practice Note: Assimilated law. Copyright term Three events dictate the commencement of the copyright term for a work: the author's death; the year of making the work; or the year of first making the work available to the public. The copyright terms for different works are shown in the table below. Where
PRACTICE NOTES
Duration of special guardianship orders A special guardianship order (SGO) will continue until the child attains the age of 18 unless it is discharged sooner by an order of the court. An SGO cannot be made for a specified period in the way that a child arrangements order (CAO) can; it can, however, contain provisions which are to have effect for a specified period of time. Variation and discharge of special guardianship orders An SGO may be varied or discharged before the child is 18 either on an application by those categories of applicant specified or on the court's own motion. Some applicants will require leave of the court to make the application. An application to vary or discharge an SGO may be made by: • the special guardian (or any of them, if there are more than one) • any parent or guardian • any individual who is named in a CAO as a person with whom the child is to live • anyone who does not come into the above categories
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. What is the Durban Platform for Enhanced Action? Title Durban Platform for Enhanced Action Location Durban, South Africa Date 28 November–11 December 2011 Subject Climate change The 17th United Nations Climate Change Conference was hosted by South Africa in Durban. 'Recognizing that climate change represents an urgent and potentially irreversible threat to human societies and the planet and thus requires to be urgently addressed by all Parties.' A grave concern expressed at Durban related to the so called 'emissions gap'. Whilst all the developed and many of the developing countries reaffirmed the pledges they had made on emissions reductions at COP16 in Cancun, it was recognized that these did not go far enough. The totality of the pledges made only amounted to about 60% of the amount needed to keep the temperature increase below the two degrees Celsius above pre-industrial levels agreed upon at Cancun. It was this shortfall and its potential consequences which dominated discussions
PRACTICE NOTES
Duress by threats Duress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason. The defence arises where the defendant commits the offence with the relevant intention but is induced to act by a threat made by another person, or the defendant reasonably believes a threat has been made, to the effect that, unless the defendant commits the offence with which they are charged, then they or a third person will be harmed. The evidence for a defence of duress must be raised by the defendant. Once raised, the burden is then on the prosecution to disprove the assertion beyond reasonable doubt. See Practice Note: Burden and standard of proof in criminal proceedings. The defence involves both a subjective and an objective test which the jury must determine following directions from the judge. The test is: • was the defendant, or might they have been, impelled to act as they did because, as a result of what they reasonably believed another person had said or done, they had good cause
GLOSSARY
Depending on the type of threat, its cogency, against whom it is directed and subject to certain excluded offences and persons, duress by threats can be pleaded as an excuse for committing an offence and consequently afford a defence unless it is disproved by the prosecution.
GLOSSARY
Extends the defence of duress to cases where the accused was impelled to act as a result of circumstances other than threats.
NEWS
Durham Law School has unveiled its 2025 Summer Course on International Arbitration, scheduled for 21-25 July 2025. The programme, now in its fourth year, offers comprehensive training in international commercial and investment treaty arbitration. Led by renowned practitioners including John Fellas and Wendy Miles KC, the course provides a global perspective on arbitration practices. Open to both students and professionals, it offers potential academic credit and networking opportunities. The curriculum is designed to equip participants with practical skills and theoretical knowledge in this specialised field of law. Early registration discounts and alumni rates are available, reflecting Durham's commitment to accessible legal education in this growing area of practice.
NEWS
Durham University's Infancy and Sleep Centre and Amma Birth Companions have published a report titled ‘We don’t ask for a luxury life: The health, safety and well-being of babies and their mothers in dispersal asylum accommodation in the UK’ based on a collaborative study launched in response to safety concerns highlighted by Amma Birth Companions. This report explores the experiences of mothers and infants placed in dispersal accommodation in Glasgow after residing in initial temporary housing. The research, utilising photo-elicitation and focus group methods, has revealed issues such as unsafe furniture, poorly maintained flats, and difficulties in obtaining suitable housing for families. The report emphasises the need for housing providers to meet national minimum standards for family accommodation and adhere to the principles of the Declaration of Human Rights.
Q&As
For information on statutory sick pay (SSP) generally, see Practice Note: Sick pay. The essential qualification requirements for SSP under the Social Security Contributions and Benefits Act 1992 (SSCBA 1992) are that: • the individual must be an employee as defined and not fall within one of the excluded categories • on any day for which SSP is paid, the employee must have a day of ‘incapacity for work’, ie a day on which they are, or are deemed to be, incapable by reason of some specific disease or bodily or mental disablement of doing work which they can reasonably be expected to do under their contract of employment • that day of incapacity for work must form part of a ‘period of incapacity for work’ (PIW), ie a period of four or more consecutive days (including Sundays and Bank holidays), each of which is a day
Q&As
When considering a redundancy process, it is necessary to consider: • whether the statutory information and consultation obligations apply, and • what is required for a fair redundancy Statutory information and consultation obligations Where an employer is proposing to dismiss as redundant 20 or more employees within any period of 90 days or less, it has statutory obligations under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) to: • inform appropriate representatives • consult appropriate representatives • notify the Secretary of State at the Department for Business and Trade (DBT) in advance For more information: • on the triggers for the statutory information and consultation obligations, see Practice Note: Collective redundancy—the triggers for the statutory consultation obligations, and • on the obligations themselves, see Practice Note: Collective redundancy—statutory information and consultation obligations Consideration should also be given to whether other collective
Q&As
The registration gap is the period of time between the completion of a transfer of a property between vendor/transferor and purchaser/transferee and the subsequent registration of that transaction on the register of title at HM Land Registry. The reason that the registration gap is potentially important is due to the effect of section 27(1) of the Land Registration Act 2002, which provides that where a disposition of a registered estate or registered charge is required to be completed by registration, it does not operate at law until the relevant registration requirements are met. Therefore prior to the completion of registration, the purchaser/transferee has only an equitable title and the seller/transferor remains the legal owner notwithstanding the completion of the sales process,
Q&As
The answer to this will depend on the terms of lease and the terms of the assignment of the leasehold interest. It is assumed that seller assigned the lease to the purchaser without any specific provisions catering for the above exigency and the terms of the lease are silent on this too. The starting point is to determine whether this lease is a ‘new lease’ or an ‘old lease’ within the meaning of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). A new lease is one which was granted on or after 1 January 1996 unless it was made either: • under an agreement entered into, or an option or right of first refusal granted, before 1 January 1996,