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GLOSSARY
A court action seeking authority to remove someone from property and includes recovering possession
NEWS
Commercial analysis: Christian Toon, Head of Cyber Professional Services and Regina Bluman, Cybersecurity adviser of Pinsent Masons consider the challenges manufacturers of small products in the UK may face once the Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations 2023, SI 2023/1007 (PSTI regulations 2023) come into effect in April 2024.
GLOSSARY
An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales.
PRACTICE NOTES
This Practice Note explains the steps to be taken where agreement is reached prior to the final hearing of an application for a financial remedy. It includes considerations in relation to a consent order (including by adopting the standard order format), the statement of information (Form D81) and the procedure on applying for the consent order to be approved by the court, including where a consent order must be submitted online. It also covers circumstances where it may be appropriate to draw up heads of agreement and considers Rose orders, Xydhias agreements and the approach of the courts where a separate and distinct agreement may be found to exist and contractual remedies applied. It is common for an agreement to be reached prior to the final hearing. An agreement may be reached at any stage of the proceedings, including during the course of a final hearing. As soon as an agreement is reached, a draft consent order must be prepared as soon as possible recording the terms agreed between the parties. See further:
GLOSSARY
A type of community sentence requiring a child or young person to comply with a three month plan relating to his actions and whereabouts and to comply with the directions of a responsible officer (eg probation officer).
NEWS
Mealey’s: A US District Court for the District of Columbia judge on 18 February 2025 granted the Republic of Guinea’s motion to set aside default entered against it and to dismiss for lack of jurisdiction a telecommunications company’s action to enforce an International Chamber of Commerce (ICC) award worth than US$21m after finding that Guinea was not a party to the underlying arbitration agreement.
NEWS
PI & Clinical Negligence analysis: In an appeal heard by Mr Justice Bourne, the High Court held that the arrests of a married couple, both of whom were serving Metropolitan Police officers, by Surrey Police were unlawful. The court found that the arresting officers had not given appropriate consideration to voluntary attendance for interview as a less intrusive alternative under section 24 of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code G. The court stressed that the ‘necessity’ limb in PACE 1984, s 24 is an important constitutional safeguard, following a line of authority that stresses strict adherence to PACE 1984—an officer who gives no real consideration to alternatives runs the ‘plain risk’ of being found to have had no reasonable grounds to believe arrest was necessary. The court therefore allowed the liability appeal. This decision is an important reaffirmation of the strict operational limits on arrest powers. On costs, the court provided useful guidance as to the starting point in mixed personal injury claims, confirming that properly supported PI claims should attract QOCS protection. Bourne J concluded that the claimants’ pleaded and evidenced psychiatric injury claims meant the proceedings could properly be regarded as a personal injury action ‘in the round’ for QOCS purposes, and that the trial judge’s enforcement order permitting 70% of the defendant’s costs should not have been made, under the mixed-claim discretion in CPR 44.16. Written by Connor Wright, barrister, St Philips Chambers.
NEWS
Commercial analysis: The Court of Appeal in Bains considered the proper approach to remedying material breaches of contract where contractual termination clauses are engaged and relied upon. Breach notices will require a cautious interpretation and parties would be well advised to clarify exactly what performance the contractual counter-party considers essential to remedy a breach. Bains confirms that actual performance will be necessary and merely stating an intention to perform will not go far enough. Questions of the extent of catch-up or restored performance required are left open after the decision. Written by James Saunders, barrister, at New Square Chambers.
CHECKLISTS
In the aftermath of an incident occurring on a construction site, consider the following: Appoint an incident team If a hypothetical incident management team has already been appointed as part of the business’ incident planning regime, deploy this team immediately. Otherwise, appoint an incident management team immediately. Consider RIDDOR reporting requirements Ensure appropriate reporting is carried out in accordance with the requirements of RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, SI 2013/1417). See Practice Note: Reporting of Injuries, Diseases and Dangerous Occurrences at Work Regulations 2013, SI 2013/1471 (RIDDOR)—general requirements. Allocate responsibilities Responsibilities must be divided/allocated among the team so that each incident team member has a clearly defined role and actions required can be carried out quickly and efficiently. Pay particular attention to communication between team members to avoid tasks being duplicated or slipping through the net altogether. Responsibilities may include: • isolation of machinery or closing a particular work area • liaising with employees/their representatives • briefing the media • speaking
GLOSSARY
This term refers to the process of creating a radioisotope. This is achieved when a stable element is bombarded with either neutrons or protons.
GLOSSARY
Activation products are materials made radioactive by neutron activation. Fission products and actinides produced by neutron absorption of nuclear fuel itself are normally referred to by their specific names, and activation products reserved for products of neutron capture by other materials, such as structural components of the nuclear reactor, the reactor coolant, control rods or materials in the environment.
GLOSSARY
Wholesale access to the network infrastructure through electronic equipment.