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NEWS
IP & IT analysis: What is ‘fake news’ and what kind of an impact does it have on a democratic society? Adelaide Lopez, associate at Wiggin LLP, outlines what constitutes fake news, as well as explaining the dangers it poses and the tools that can be utilised to combat it.
PRACTICE NOTES
This Practice Note explains about fact-finding or split hearings in private children cases. It sets out the factors in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, specifically in FPR 2010, PD 12J, that the court should take into account when determining whether a split hearing is required in cases involving domestic abuse and the matters that the court should consider where a fact-finding hearing is required. It explains what the court’s task is at a fact-finding hearing and the principles that the court will adopt in determining whether a fact is found proved or not. Fact-finding hearings or split trials are listed by the court within private law children proceedings in order for oral evidence to be heard on contested allegations that are relevant to the decision the court needs to make in relation to the child’s welfare. At the hearing, the court will reach any decision in relation to the allegations by applying the test of the balance of probabilities. When will a fact-finding hearing take place? A fact-finding
PRACTICE NOTES
A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings. When is a fact-finding hearing required? The vast majority of welfare cases in the Court of Protection are resolved without a fact-finding hearing. Most often this is because even when the parties do not agree about what future course of action is in the vulnerable person (P)’s best interests, they are in agreement about the relevant background facts the court should consider. It is only in a small minority of cases that the court uses its case management powers to direct that a fact-finding hearing takes place to determine facts that are in dispute. Fact-finding hearings are most commonly directed by the court (either separately or as part of the final hearing) in what might be termed ‘safeguarding cases’ brought by local authorities. In such cases, the local authority is usually seeking adverse findings against an individual or individuals to support
GLOSSARY
A receivables purchaser providing factoring facilities.
PRACTICE NOTES
This guide enables organisations to operationalise their decarbonisation strategy and transition plan at board level, ensure climate is routinely considered in board decisions and corporate governance, and avoid decisions and transactions that undermine
GLOSSARY
The assignment of receivables by a client, usually on a disclosed basis to fund working capital requirements. The factor administers the client's sales ledger and usually collects receivables in the factor's name.
PRACTICE NOTES
This Practice Note provides an introduction to the factors to be taken into account by the court set out in section 25 of the Matrimonial Causes Act 1973 (MCA 1973) (often known as the section 25 checklist or section 25 factors), and the equivalent provisions in Schedule 5, Part 5 to the Civil Partnership Act 2004 (CPA 2004). The checklist applies where the court is considering whether, and in what manner, to exercise its powers under MCA 1973, ss 23, 24, 24A, 24B or 24E (or their civil partnership equivalents), ie as to financial provision orders (periodical payments and lump sum orders), property adjustment orders, orders for the sale of property, pension sharing orders and pension sharing compensation orders. See also Practice Note: Financial proceedings—orders that can be made by the court. The section 25 checklist Notwithstanding the wealth of case law in respect of financial orders, the starting point is the checklist set out in MCA 1973, s 25, see also: Civil partnership. Under MCA 1973, s 25(1), the court must have regard
PRACTICE NOTES
What is a liquidation stay? A liquidation stay (when in force) has similar effects to a moratorium/interim moratorium in an administration under paragraphs 43 and 44 of Schedule B1 to the Insolvency Act 1986 (IA 1986). For further reading in respect of the moratorium in an administration, see Practice Note: The moratorium in administration. During a liquidation stay no action or proceedings can be commenced, or continued with, against the company or its property, without the permission or leave of the court. Any proceedings that are permitted may be subject to such terms as the court may impose. This Practice Note explores when the liquidation stay applies, its effect and the factors the court will consider when deciding whether to lift the stay (or, where appropriate, impose it). For key cases and associated relevant content, see Practice Note: The liquidation stay—key cases. When the liquidation stay applies, its purpose and effect A liquidation stay, unlike a moratorium/interim moratorium in an
PRACTICE NOTES
This Practice Note looks at factors that the court will consider and the test it will apply when faced with an application by a trustee in bankruptcy (trustee), seeking an order for possession and sale of the bankrupt's (including the bankrupt's family) home. For further reading on making applications for possession and sale and the timing of application, see Practice Notes: • Possession and sale applications in respect of a bankrupt's family home • The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986 Applications for possession and sale of the family home When a trustee makes an application to court for possession and sale, they will amongst other things require an order for sale and an order for vacant possession. In effect, this is a two-stage process; although in practice, they are addressed under one application. If the property is jointly owned, section 14 of the Trusts of Land and
NEWS
The Home Office has published policy papers outlining the measures contained in the Crime and Policing Act 2026, which introduces extensive reforms to policing, investigatory powers and the criminal justice framework. The Act expands corporate criminal liability, reforms the proceeds of crime regime and confiscation framework under the Proceeds of Crime Act 2002, and strengthens enforcement and investigatory powers relating to serious and organised crime, financial crime, online offending and terrorism.
PRACTICE NOTES
Civil justice reform: see our Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. This Practice Note deals with factual evidence in a civil action in the Scottish courts. It covers: • what factual evidence can and cannot be led • gathering factual evidence (and when it may not be necessary to do so) • disclosure requirements in Scottish civil litigation and the impact of legal professional privilege • placing factual evidence before the court • presenting the evidence in court Special procedures for certain types of action may impact on the handling of factual evidence and these are also dealt with (other than family actions, which are not discussed in this Practice Note). For guidance on: • issues to consider before bringing a civil claim in a Scottish court and other aspects of starting and progressing
GLOSSARY
A type of receivables purchase agreement to be distinguished from a whole turnover agreement. Under a facultative agreement, receivables are offered for sale to the receivables purchaser periodically. The receivables purchaser then accepts the offer upon crediting the prepayment to the client's account. Generally, the client is obliged to offer all of its receivables to the receivables purchaser under a facultative agreement.