Refine By
Clear all filter
About 91589 results for "*"
GLOSSARY
The process used to increase the abundance of fissile isotopes in an element, such as naturally-occurring uranium.
PRACTICE NOTES
FORTHCOMING DEVELOPMENT: The Pensions (Extension of Automatic Enrolment) (No. 2) Bill received Royal Assent on 18 September 2023 as the Pensions (Extension of Automatic Enrolment) Act 2023 (the Act) and was published on 19 September 2023. The Act gives regulation-making powers to the Secretary of State for Work and Pensions to (i) reduce the lower age limit at which otherwise eligible workers must be automatically enrolled and re-enrolled into a pension scheme by their employers, (ii) remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound earned, and (iii) modify the requirements of the annual review of the qualifying earnings band. The changes on eligibility for automatic enrolment are to be implemented after a period of consultation on the precise implementation approach and timing. The date for the coming info force of section 1 of the Act is set to be ‘on such day or days as the Secretary of State may by regulations appoint’. For further information, see: DWP press release, Work and Pensions
PRACTICE NOTES
FORTHCOMING DEVELOPMENT: The Pensions (Extension of Automatic Enrolment) (No. 2) Bill received Royal Assent on 18 September 2023 as the Pensions (Extension of Automatic Enrolment) Act 2023 (the Act) and was published on 19 September 2023. The Act gives regulation-making powers to the Secretary of State for Work and Pensions to (i) reduce the lower age limit at which otherwise eligible workers must be automatically enrolled and re-enrolled into a pension scheme by their employers, (ii) remove the Lower Earnings Limit from the qualifying earnings band so that contributions are calculated from the first pound earned, and (iii) modify the requirements of the annual review of the qualifying earnings band. The changes on eligibility for automatic enrolment are to be implemented after a period of consultation on the precise implementation approach and timing. The date for the coming info force of section 1 of the Act is set to be ‘on such day or days as the Secretary of State may by regulations appoint’. For further information, see: DWP press release, Work and Pensions Committee
NEWS
Employment analysis: The importance of ensuring a fair hearing for disabled litigants is considered by Michael Potter, of the Bar Library of Northern Ireland and Cloisters Chambers, in the light of Galo v Bombardier Aerospace UK.
NEWS
Local Government analysis: In this analysis, Niall McLean and Tony Convery of Brodies LLP consider the recent case of AB v XYZ (the May 2023 case), which highlights the high levels of procedural fairness that universities will be expected to apply when investigating and determining allegations of serious student misconduct. The May 2023 case is the second piece of litigation raised by Mr AB against, XYZ, a University in England and Wales. The court has anonymised its decision, which means that neither the responding student nor the institution are identifiable. For clarity, ‘XYZ’ is referred to as ‘the University’.
NEWS
Corporate Crime analysis: The operation of the Proceeds of Crime Act 2002 (POCA 2002) is capable of producing outcomes that are unfair but as the judgment in R v Andrewes shows, POCA 2002, s 6(5)(2) prevents a court from making a confiscation order that would be disproportionate. While the decision, will be seen by many as a victory for fairness and common sense, it is arguable that the Court of Appeal’s reasoning gives rise to a number of practical problems in its application to future cases. Written by John Carl Townsend, barrister, at 33 Chancery Lane.
PRACTICE NOTES
This Practice Note is written in partnership with Peter Halprin, Fiona Cain, and Amanda Laurel Gayer of Haynes and Boone, LLP. This Practice Note considers issues concerning the independence and/or impartiality of arbitrators in arbitral proceedings. Reference is made to the law of England and Wales, the Arbitration Act 1996 (AA 1996) and certain international arbitration rules. This Practice Note should be read in conjunction with Practice Note: Challenging the tribunal’s independence or impartiality. Issues of independence and impartiality The principle that a court of law should be independent and impartial is firmly embedded in all legal systems and major international human rights instruments. Similarly, it is a core principle of arbitration that arbitrators be independent and impartial of the parties to the arbitration at the time of appointment and for the duration of the proceedings. However, this principle exists in parallel to the peculiar characteristic in arbitration that the parties have the right to appoint an arbitrator of their choosing. Arbitration rules and case law provide some clarity as to the considerations
NEWS
MLex: Gambling operator Entain has taken a step toward banishing the memory of a blockbuster settlement with UK authorities over a bribery scandal at a Turkish online gaming business it used to own. But the gambling operator (which owns UK brands Ladbrokes and Coral) has a number of lingering challenges ahead, including in the form of lawsuits and potential criminal prosecutions of individuals.
GLOSSARY
To enter a judgment is to formally record a court’s judgment so that it becomes effective, enforceable and part of the official court record. It typically follows the court’s decision at trial, on an application, or on settlement (for example, a consent order or Tomlin order in England and Wales).In England and Wales and Northern Ireland, the term is widely used in the Civil Procedure Rules context (for example, entering default judgment or judgment on admission). Entering judgment is usually done administratively by the court office or, in some instances, by the judge, and is often a precondition to enforcement steps such as writs or warrants of control, charging orders or registration with credit reference agencies.In Scotland, the closest equivalent concept is the “extract” or “interlocutor” constituting a decree; although the wording differs, the practical effect-creating an enforceable decree-is comparable.In Ireland, “entry of judgment” is likewise a procedural step, especially relevant in summary and default judgment procedures.Across all four jurisdictions, the expression is descriptive rather than precisely defined in primary legislation, but its procedural consequences are prescribed by court rules and practice directions.
PRACTICE NOTES
Under article 60N(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544, (RAO), entering into a regulated consumer hire agreement as owner in the UK, by way of business, constitutes a regulated activity. Additionally, under article 60N(2) of the RAO, exercising, or having the right to exercise, the owner's rights and duties under such an agreement is also a regulated activity. This Practice Note examines the scope of these regulated activities, the definition of a regulated consumer hire agreement, exemptions under RAO, SI 2001/544, arts 60O–60Q, other exclusions available under RAO, SI 2001/544, art 60R and exemptions that may be available under the Financial Services and Markets Act 2000 (Exemption) Order 2001, SI 2001/1201 (the Exemption Order 2001). Regulated activities—general Section 19(1) of the Financial Services and Markets Act 2000 (FSMA 2000) imposes a general prohibition on carrying on regulated activities in the UK unless the person is either authorised or exempt. In accordance with FSMA 2000, s 22, for an activity to constitute a regulated activity, it must be carried on 'by way of
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. From 1 September 2021, candidates can only qualify via the training contract route if they satisfy the SRA’s transitional requirements. Otherwise, they must qualify via the Solicitors Qualifying Examination (SQE)—see subtopic: Solicitors Qualifying Examination (SQE). This Practice Note explains SRA requirements and guidance about entering into a training contract where the training contract started on or after 25 November 2019. It does not deal with training contracts that started before 25 November 2019 or with qualification via the Solicitors Qualifying Examination (SQE) from 1 September 2021 onwards or via an apprenticeship. For information on the regime applicable to training contracts entered into before 25 November 2019. From 1 September 2021, candidates can only qualify via the training contract route if they satisfy the SRA’s transitional requirements. Otherwise, they must qualify via the SQE. For information on qualification via the SQE, see subtopic: Solicitors Qualifying Examination (SQE). Admission requirements Outside of the apprenticeship route to qualification, there are
PRACTICE NOTES
Background to the regulation of regulated mortgage contracts and home finance transactions The regulation of regulated mortgage contracts as well as home reversion plans, home purchase plans and regulated sale and rent back agreements (together referred to as ’home finance transactions’) came about at different points in time. HM Treasury announced its intention to regulate mortgage lenders in 2000 and revised its proposals in December 2001 to include mortgage intermediaries. On 31 October 2004 (a date known as M Day), lenders and intermediaries of regulated mortgage contracts (RMCs) became regulated. There followed the enactment of the Regulation of Financial Services (Land Transactions) Act 2005 (RFS(LT)A 2005), which enabled the Financial Conduct Authority (FCA) and its predecessor, the Financial Services authority, to regulate activities that are similar to those that were already regulated in relation to RMCs but that involve the provider acquiring land rather than simply providing finance for its purchase by the homeowner. As a result, the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, SI 2001/544