Refine By
Clear all filter
About 90774 results for "*"
NEWS
Personal Injury analysis: An incident in which a claimant’s fall and subsequent injury, giving rise to chronic disability, took place on 1 October 2013—the day in which section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA 2013) came into force. Dominic De Saulles, senior lecturer at the School of Law and Politics at Cardiff University, says that the case is important because it contains the first High Court guidance on the interpretation of ERRA 2013, s 69.
PRACTICE NOTES
This Practice Note provides local authorities with best practice guidance on accommodating children pursuant to a voluntary agreement under section 20 of the Children Act 1989 (ChA 1989). It covers the requirements of the section 20 arrangement and the need to avoid drift and delay in making decisions about the child’s long-term care. It also discusses whether claims for damages under the Human Rights Act 1998 (HRA 1998) on the basis of a breach of Article 8 of the European Convention on Human Rights (ECHR) are sustainable. Note the information in this Practice Note relates to the current law in England. The law in Wales in this area is covered by the Social Services and Well-being (Wales) Act 2014 and the related statutory instruments. For further reading on the position in Wales, see Practice Note: Local authority powers and duties to provide accommodation for children in Wales. Parental Consent is not a requirement for accommodation under section 20 In the final chapter of the trilogy of London Borough of Hackney v Williams,
Q&As
Cases which distinguish leases from licences are very fact sensitive. However, the usual starting point is the issue of ‘exclusive possession’. This is the legal right to exclude all others from the land. It is the hallmark of a tenancy, and, by contrast, a licensee does not have this right. Where the arrangement between the parties is contained in a written agreement, the focus will be on the true construction of the agreement; albeit properly construed in the light of the surrounding factual matrix. Do the terms give rise to the grant of exclusive possession? More particularly, if the terms of an agreement grant: (i) exclusive possession; (ii) for a term; and, (iii) at a rent, to someone then, in the
GLOSSARY
An accompanying relative is a family member who is permitted to travel to, enter or remain in a jurisdiction alongside a primary migrant or applicant, such as a worker, student, refugee or patient. In UK and Irish immigration law, the concept appears mainly in rules and policies on “dependants” or “family members”, rather than as a stand‑alone defined term, and may include a spouse, civil partner, unmarried partner, child or, in limited schemes, other close relatives.The status and rights of an accompanying relative depend on the underlying route (for example, Skilled Worker, International Protection, EU Settlement Scheme, or Irish employment permits) and the specific statutory instruments, Immigration Rules, Home Office/UKVI guidance, or Irish immigration policy governing that route. Typical issues include eligibility criteria, evidence of relationship, financial requirements, rights to work or study, and consequences if the primary migrant’s status ends.Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the detailed categories and conditions are jurisdiction‑specific. Practitioners should check the applicable legislation, rules and guidance for the particular visa, protection claim or cross‑border movement being advised on.
GLOSSARY
An accomplice is a person who intentionally helps or encourages another to commit a criminal offence, for example by providing information, tools, transport or acting as lookout. In legal practice, the concept underpins liability for aiding, abetting, counselling or procuring an offence.In England and Wales and Northern Ireland, the modern law of complicity is primarily governed by statute (notably the Accessories and Abettors Act 1861 and Serious Crime Act 2007) and case law on secondary participation. The term “accomplice” itself is more descriptive than technical, but is often used in judicial directions (for example on the need for caution in treating accomplice evidence).In Scotland, similar principles apply under the common law of “art and part” guilt, although the terminology differs. In Ireland, the Criminal Law Act 1997 and related case law recognise liability for aiding, abetting, counselling or procuring, with “accomplice” again used mainly as a descriptive label.Across all four jurisdictions, an accomplice must generally have knowledge of the essential circumstances of the offence and an intention to assist or encourage, making the concept central to prosecuting group crime and assessing the reliability of co‑accused evidence.
GLOSSARY
An accomplice witness is a person who participated in, or is implicated in, the offence and gives evidence against others, usually for the prosecution. They may testify after pleading guilty, under immunity, or pursuant to an assisting offender or leniency agreement (often called a supergrass arrangement). The term is descriptive rather than statutory; treatment is shaped by case law.In England and Wales and in Northern Ireland, accomplice evidence is admissible and a conviction may lawfully rest on it. There is no mandatory corroboration rule; the trial judge gives a discretionary warning where appropriate about the dangers of relying on such evidence, especially where benefits or inducements exist.In Scotland, an accomplice (socius criminis) is a competent witness, but the general corroboration requirement applies: crucial facts must be proved from more than one source. Judges commonly direct the jury to take particular care with accomplice testimony.In Ireland, accomplice evidence is likewise admissible. Judges typically warn the jury to scrutinise uncorroborated accomplice testimony with care, though a conviction can in law be based on it.Practically, credibility, corroboration, disclosure of any undertakings, and tailored jury directions are central.
GLOSSARY
Accord and satisfaction describes the process by which parties resolve an existing contractual or other civil dispute by agreeing a new obligation (the accord) and then performing it (the satisfaction), thereby discharging the original claim. In practice, it commonly arises in debt claims, settlement of damages, and commercial disputes where a lesser sum or different performance is accepted in full and final settlement.In England and Wales, Scotland, Northern Ireland and Ireland, it is a common law concept developed through case law rather than detailed legislation, and is closely linked to the doctrines of contract formation, consideration (or, in Scotland, cause/consent), and waiver.Key features are: (i) a genuine dispute or uncertainty as to liability or amount; (ii) a clear agreement that the new performance will settle the existing claim; and (iii) actual performance of that new obligation. Until satisfaction occurs, the original claim is not fully extinguished.Accord and satisfaction is frequently considered alongside part‑payment of debt, settlement agreements, releases, and compromise of litigation, and is relevant to drafting “full and final settlement” clauses and assessing whether a creditor can pursue any balance after accepting alternative performance.
Q&As
As noted in Practice Note: Stock lending and repo relief from stamp duty and SDRT, for the relief from SDRT to apply to a repo or stock lending arrangement involving chargeable securities, a number of conditions must be satisfied. One of those conditions requires ‘that securities of the kind concerned are regularly traded’ on a regulated market (section 89AA(2A)(b) of the Finance Act 1986 (FA 1986)), which applies if one of the parties to the repo or securities lending arrangement (referred to in the legislation as P or Q) is authorised under the law of an EEA state to provide certain investment services, or, in a case where the transaction is reported to a regulated market, multilateral trading facility (MTF) or a recognised
Q&As
The Acas Code of Practice on disciplinary and grievance procedures states (at paragraphs 16 and 38): 'If a worker’s chosen companion will not be available at the time proposed for the hearing by the employer, the employer must postpone the hearing to a time proposed by the worker provided that the alternative time is both reasonable and not more than five working days after the date
GLOSSARY
An accordion, or incremental debt feature, refers to a mechanism in the facilities agreement under which, provided certain conditions are met such as pro forma compliance with a leverage test, lenders under the facilities agreement who wish to do so can lend additional debt. The terms of the additional debt will typically be documented in an increase notice. An accordion or incremental debt flexibility should be distinguished from structural adjustment which typically requires the majority consent of the syndicate. Borrowing under the incremental facility mechanism only requires consent from participating lenders (provided the conditions set out in the facilities agreement are met).
GLOSSARY
An order requiring certain types of financial institution to provide certain information held by them relating to a customer for the purposes of an investigation.
PRACTICE NOTES
Account monitoring orders An account monitoring order allows an investigator to monitor the activity of a particular account held at a financial institution for up to 90 days after the order is made. A financial institution means a person carrying on business in the regulated sector. Account monitoring orders are available for the following types of investigation: confiscation, civil recovery, an exploitation proceeds and money laundering investigations. Account monitoring orders are not available for detained cash investigations, detained property investigations or a frozen funds investigations. The application Applications for account monitoring orders must be made in accordance with Criminal Procedure Rules 2025, SI 2025/909 (CrimPR 2025), Pt 47. Regard must also be had to Criminal Practice Directions 2023 (Crim PD), in particular Crim PD 11 (Investigation Orders). For information on the general procedure for obtaining investigation orders under the Proceeds of Crime Act 2002 (POCA 2002), including account monitoring orders, see Practice Note: POCA Investigation Orders—criminal investigations procedure. Applications should be made using the form accessible here. The application