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PRECEDENTS
Claim No.: HQ [insert claim number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST THE HONOURABLE JUDGE [insert name of judge] [Insert date(s) of hearings] Parties: (1) [Insert full name of claimant/first claimant] (2) [[Insert full name of second claimant]]        [ Claimant OR Claimants ] and [Insert full name of defendant]        Defendant _____________________________________ ORDER _____________________________________ UPON THE TRIAL of this Claim being heard on [dates] AND UPON HEARING [insert
NEWS
The Cabinet Office has announced that the Chancellor of the Duchy of Lancaster has issued a final order under the National Security and Investment Act 2021 (NSIA) regarding Pen10 Ltd's acquisition of Amiosec Limited. The order, effective 18 March 2025, approves the 100% shareholding acquisition subject to conditions including maintaining security commitments, ensuring continuity of sensitive government supply, and providing advance notification of business changes. The conditions aim to protect national security interests related to Amiosec's role as a strategic supplier to HM Government. This represents the fourth final order issued under NSIA in 2025.
GLOSSARY
The final account is drawn up at the end of the project and shows how much the contractor will be paid for the works that were actually carried out, as opposed to those that were set out in the contract and taking into account all valid contractual claims. The final account may give rise to a balancing payment being made.
NEWS
Construction analysis: The Technology and Construction Court (TCC) held that a document sent by a contractor to the employer’s agent in February 2022, in connection with payment for works done under a Joint Contracts Tribunal (JCT) Design and Contract 2016, was not the ‘Final Statement’ required by the contractual final account provisions. Viewed objectively, the document was prepared as a draft or forecast of the final account. The Final Statement was instead a later document, sent by the contractor in February 2024. The court went on to find that where, under clause 4.24.6, the employer could give notice disputing anything in the Final Statement (and thereby prevent the Final Statement becoming conclusive as to the sum due), that notice had to be given after the Final Statement had been issued. Correspondence sent before the Final Statement had been issued therefore did not amount to such notice.
PRACTICE NOTES
This Practice Note considers the types of final (or permanent or perpetual) injunction in the context of employee competition and confidentiality claims. It outlines the principles relevant to obtaining final and permanent injunctions. Garden leave injunctions are considered and the form of the order is discussed. For further guidance on final injunctions generally, see Practice Note: Final injunctions. See also Practice Note: Injunctions—guiding principles. The remedies available in cases involving attempts to enforce contractual duties and post-termination restrictions may be divided between: • interim remedies available before final trial, and • remedies available following the final trial of the case Interim remedies typically consist of temporary injunctions, ie injunctions that apply for a limited period of time, such as the period between the date of the order granting the injunction and the trial. For an overview, see Practice Note: Interim injunctions in employee competition claims and confidentiality claims. Although the court will usually order an expedited trial in employee competition cases, it is often the case that claims involving
NEWS
Arbitration analysis: In a judgment handed down remotely by email, Mr Justice Henshaw in the Commercial Court issued a final mandatory anti-suit injunction (ASI) requiring a Brazilian cargo insurer to discontinue proceedings which it had brought and maintained in the Brazilian courts against the managers and charterers of a ship contrary to a London arbitration clause incorporated in the relevant bills of lading and in breach of an undertaking provided two years earlier. In reaching its decision and in exercising its discretion, the court addressed issues relating to delay, the stage reached in the Brazilian proceedings, and comity towards the Brazilian court.
GLOSSARY
A certificate issued under a building contract after all works, defects rectification, and the final account have been completed. Depending on the wording of the contract, it may be conclusive as to such matters as payments under contract and the quality of work executed.
PRACTICE NOTES
This Practice Note deals with regulatory requirements and practical issues regarding the form and content of a final bill of costs to a client, including an interim statute bill. It also explains how interim bills should be treated when rendering your final bill. The terms 'bill' and 'invoice' are often used interchangeably—this Practice Note adopts the term 'bill'. There are no specific statutory or regulatory requirements about the form and content of a final client bill. This does not mean you can draft your bill in whatever form you please. You need to ensure: • you comply with information and other requirements in the SRA Standards and Regulations, which are indirectly applicable to your bill • if the bill is unpaid, you can take action to recover your costs Contentious and non-contentious work Some of the requirements in this Practice Note apply to contentious matters only; others apply to non-contentious matters. In reality, it makes little difference to the form and content of your bill but it is important to know the difference. Generally speaking:
PRECEDENTS
Front page of bill [insert client name and address] Invoice number: [insert number]Invoice date: [insert date]VAT number: [insert number] Client: [insert client name] Matter: [insert matter description] Reference: [insert matter reference] £ VAT amount £ VAT rate % Fees: To our professional charges from [insert date] to [insert date] for legal advice and services [insert gross sum figure or itemise] [insert figure] [insert VAT rate] Disbursements (expenses): [describe disbursement] ([paid
CHECKLISTS
Requirement Compliant/Comments ☐ You render final client bills only when you are permitted to do so, ie:—where the client has agreed to or asked for a final bill —at conclusion of the matter —on termination of the retainer—on an order made by the High Court for the delivery by a solicitor of a bill of costsSee Practice Note: Final client bill—When can you render a final bill. ☐ You are satisfied that the amount you charge your client:—does not exceed the amount you agreed in your initial retainer (or any increased amounts properly notified to clients)—is consistent with your general duty to treat clients fairly—(in non-contentious matters) is fair and reasonable having regard to the factors listed in The Solicitors’ (Non-Contentious Business) Remuneration Order 2009, SI 2009/1931, art 3See Practice Note: Final client bill—Amount of your bill. ☐ You have internal guidelines on when to issue a gross sum or itemised bill.There
GLOSSARY
For firm offers announced before 5 July 2021, the final closing date was the 60th day or other date beyond which the offeror had stated that its offer wouldl not be extended. Since the Code revisions in July 2021, the Code no longer allows an offeror to set a series of closing dates and the concept of a final closing date no longer applies. Instead the Code references an unconditional date, being Day 60 or any earlier date specified by an offeror as being the latest date by which all of the conditions to the offer must be satisfied or waived.
NEWS
Construction analysis: The Technology and Construction Court (TCC) delivered a significant judgment that provides valuable guidance on several aspects of construction law, including the enforcement of adjudicator's decisions and the payment requirements of the Housing Grants, Construction and Regeneration Act 1996. Significantly, the court found that the final date for payment in a construction contract should occur within a specified period of time from the due date, and could not be dependent on the issue of a VAT invoice by the payee. Written by Simon Tolson, Senior Partner at Fenwick Elliot.