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PRECEDENTS
A: Gut feel Comments or observations Gut feel income prediction Economy is improving. Prestigious supermarket is opening in our town, reflecting a general upswing in confidence in this area.Conveyancing dept will benefit from increased house building in our area.We can realistically aim for a 7% increase on last year. £1.2m B: Trends Data Year Fee income £ % increase on preceding year Any factors to suggest that % change is not part of an
PRECEDENTS
[To be printed on the headed paper of the lender] [insert date] To: [insert full name and address of borrower] Dear [insert full name of borrower] 1 We refer to the facility agreement dated [insert date of facility agreement] between [insert full name of borrower] (the Borrower) and [insert full name of lender] (the Lender) as amended, novated, supplemented, restated or replaced from time to time in accordance with its terms (the Facility Agreement). 2 This is the Fee Letter setting out the upfront fee payable by the Borrower to the Lender referred to in clause [9.1] (Upfront fee) of the Facility Agreement.
GLOSSARY
Means anyone or any entity with whom an authorised firm shares their professional fees.
PRECEDENTS
This Agreement is made on [insert date] Parties 1 [insert name of company] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of introducer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Introducer) (each of the Supplier and the introducer being a party and together the Supplier and the Introducer are the parties). The parties agree 1 Definitions 1.1 In this Agreement, unless the context requires otherwise: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Business Day • means a day other than a Saturday, Sunday or public or bank holiday when[ clearing] banks are open for non-automated commercial business in [the City of London]; Client • means a person who engages the Supplier to provide Services; Commencement Date • means [insert date]; Confidential Information • has the meaning set out in clause 7; Disbursements • means expenses paid on behalf of a Client in relation to a Relevant Contract; Fee Share • has the meaning set out in clause 5.1; Introduction
GLOSSARY
The SRA does not give a definition of fee sharing arrangement. Instead, it defines the term fee sharer as another person or business who or which shares your fees. Fees are your own charges or profit costs (including any VAT element). This definition is stated to be for the purpose of the SRA Accounts Rules 2011 and it may be unwise to rely on it for the purpose of the Code of Conduct. Unless and until the SRA gives clarification, you should probably assume that any arrangements to share disbursements and/or (on CFA cases) your success fee will also be caught.
GLOSSARY
A freehold estate in land.
NEWS
Pensions analysis: The claimants, retired circuit judges who had been appointed as (part-time) recorders before 1 April 1995 and were appointed as circuit judges after that date, appealed against the decision of the Employment Tribunal that they had not been subjected to unlawful less favourable treatment by comparison with (full-time) circuit judges appointed before that date. The basis of their claim was that, unlike their chosen comparator judges, on appointment as circuit judges they became members of the scheme established by the Judicial Pensions and Retirement Act 1993 (‘JUPRA’) and did not have the option of accruing future benefits under the Judicial Pensions Act 1981 (‘JPA’). The appeal was dismissed and, subject to any further appeal, will bring an end to further, similar, claims by other judges. It is of wider significance because it illustrates the need for care in identifying the characteristics required in any comparator and the time at which the alleged less favourable treatment occurred. Written by Elizabeth Ovey, barrister at Radcliffe Chambers.
GLOSSARY
A payment made to generators of small scale renewable electricity generation for electricity produced. A subsidy effectively designed to increase the exploitation of renewable energy sources, and to help Governments to meet their carbon reduction obligations.
GLOSSARY
A means for Governments to set above-market rates for electricity generated from renewable sources. By obliging electricity utility companies to buy renewable electricity at a fixed price for a fixed number of years, renewable installations become cost effective for the installer. A feed in tariff is effectively a subsidy designed to increase the exploitation of renewable energy sources, and to help Governments to meet their carbon reduction obligations.
CHECKLISTS
Feed-in tariff (FiT) The FiT scheme was introduced in April 2010 as a way of encouraging the uptake of a range of small scale renewable and low carbon electricity generation technologies (microgeneration) and applies to Great Britain. The FiT scheme is now closed to all new applicants (see Closure of the FiT below) but remains relevant in respect of a generation project which had received accreditation while the scheme was in operation and which continues to receive payments under the scheme. Those eligible for the FiT scheme: • are paid a specified amount for every kilowatt hour (kWh) unit of electricity they generate—the generation tariff • can (in addition) sell any surplus electricity that is exported to the grid (as opposed to consumed on site) to a licensed electricity supplier (usually the electricity supplier in respect of the site of the relevant generation facility) at a specified pence per kWh tariff—the export tariff • will (where energy is consumed on site) benefit from having lower energy bills, as they won't need to purchase as much energy
GLOSSARY
The Feed-in tariff (FIT) scheme (sometimes called the Clean Energy Cashback scheme) was introduced in April 2010 as a way of encouraging the uptake of a range of small scale renewable and low carbon electricity generation technologies (microgeneration).
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Introduction Feed-in-Tariffs (FiTs) are a support payment for electricity generated from low-carbon sources. They consist of guaranteed payments for a fixed period of time, to producers of small-scale low-carbon electricity, paid per kilowatt hour (p/kWh). FiTs are paid by electricity suppliers, who pass the additional cost on to their customers, so the additional cost of renewable electricity is spread over the entire electricity market. See Practice Note: Feed-in tariff (FiT)—key features for wider information on the FiT scheme and the Feed-in tariff scheme tracker which displays the current status and most recent developments in relation to the scheme, covering consultations, regulatory guidance publications and key amendments to the FiT scheme. For Ofgem's guidance on the ROO-FiT accreditation process, see: Ofgem: Essential Guide to applying for ROO-FiT accreditation. Closure of the FiT On 19 July 2018, BEIS confirmed (as anticipated) that the FiT was to close to new accreditation applications from 1 April 2019 (although in certain circumstances the deadline is in fact earlier or later).