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GLOSSARY
The hearsay rule is the principle that out‑of‑court statements offered as evidence of the truth of what they assert are generally inadmissible, subject to defined exceptions. It seeks to exclude evidence that cannot be properly tested by cross‑examination of the original maker of the statement.In England and Wales and Northern Ireland criminal proceedings, the rule and its exceptions are largely codified in statute (for example, the Criminal Justice Act 2003 in England and Wales), allowing hearsay where specified conditions are met (such as witness unavailability, business records, or where admission is in the interests of justice). Civil proceedings in these jurisdictions broadly admit hearsay, with weight rather than admissibility being the main issue.In Ireland, the hearsay rule in both civil and criminal cases remains principally a common law doctrine, applied and developed through case law, with limited statutory modification.Scots law adopts a comparable but distinct approach, with hearsay traditionally excluded in criminal trials subject to exceptions, and more flexibility in civil causes, under both common law and statutory provisions.Across all four jurisdictions, understanding the hearsay rule is critical to evidence strategy, admissibility challenges, and trial preparation.
PRACTICE NOTES
Produce in partnership with Redmond Traynor and Neelam Gomersall of 2 Hare Court. Identifying hearsay To fall within the statutory definition of hearsay there must be a ‘statement’, ie a representation of fact or opinion, not made in oral evidence, and the purpose of the maker of the statement is: • to cause another person to believe the facts stated, or • to cause another person to act or a machine to operate on the basis of the facts as stated If the statement was made with either of these intentions and the purpose of adducing the statement is to prove the truth of the matters stated, the statement will be hearsay. If the statement is being admitted for a purpose other than to prove the truth of the matters stated, it will not be hearsay. A statement includes a representation made in a sketch, photofit or other picture form. The court must ask what it is that a party is seeking to prove by the
GLOSSARY
Any device that transfers heat from one system to another without physical transfer of any matter. In a nuclear reactor, the heat exchanger transfers heat from the reactor cooling system to water that passes through the turbo generators to produce electricity.
NEWS
The Department for Energy Security and Net Zero has opened the Heat Network Efficiency Scheme Round 7 for applications. Applications should be submitted by 26 July 2024. The scheme is open to organisations in the public, private or third sectors in England and Wales.
NEWS
Law360: Heathrow Express must fight off breach of contract claims a second time, after the Employment Appeal Tribunal (EAT) ruled that a previous judge wrongly ruled that several ex-employees of the fast train link to London's main airport had lost their lifelong travel benefits upon redundancy.
GLOSSARY
Water enriched to contain significantly more than the natural proportions (one in 6,500) of heavy hydrogen (deuterium, D) atoms to ordinary hydrogen atoms. Heavy water, effective in slowing neutrons down and has a low probability of absorbing neutrons, is used as a moderator in some reactor designs e.g. CANDU.
GLOSSARY
A party to a hedging agreement. Used in finance documents to refer to the financial institution(s) providing interest or currency rate hedging to a borrower.
GLOSSARY
A fund that seeks to generate investment return by using non-traditional investment strategies, utilising mechanisms such as short selling, gearing, programme trading, arbitrage, and tools such as options, futures, swaps and forwards (derivatives in general).
PRACTICE NOTES
Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) brings many hedge funds and private equity funds under federal oversight for the first time. The statute does so not through direct regulation of these funds but through the imposition of registration and reporting requirements on the advisers to these funds—who typically organise the funds as well. The purpose of the new regulatory regime is twofold. The first and probably more important purpose from the Dodd-Frank perspective is to provide information about the private equity fund and hedge fund sector to the Financial Stability Oversight Council (FSOC) to support its assessment of systemic risk. The second purpose is to enable the Securities and Exchange Commission (SEC) to extend its investor protection programs to the activities of the advisers and, indirectly, the funds. This Practice Note summarises first the oversight functions of the FSOC and the SEC regarding hedge funds and private equity funds and then turns to the substantive registration
GLOSSARY
An operation to secure an investor against a potential loss or to minimise a potential risk by offsetting the exposure to a specific risk by entering a position in an investment with the exact opposite pay-off pattern.
PRECEDENTS
This Agreement is made on [insert date of agreement] Between 1 [insert name of company] (registered number [insert registered number of company]) whose registered office is at [insert registered address of company] (the Company) 2 [insert name of shareholder] of [insert address of shareholder] (the Shareholder) Background (A) The Shareholder is the holder of [insert number of shares] [insert class of shares] in the Company. (B) The Company [operates OR intends to operate] the [Insert the name of the employee share plan that the Company operates] (the Plan) under which rights to receive certain shares in the capital of the Company [have been granted OR will be granted] by the Company. (C) The Company has requested that the Shareholder facilitates the acquisition of shares in the Company by or for the benefit of the existing and future Participants on the terms set out in this Agreement. IT IS HEREBY AGREED as follows: 1 Definitions and Interpretation 1.1 Terms used in this Agreement and not otherwise defined in this Agreement shall have the meanings given to them in the Plan. In this Agreement: Awards • shall mean
GLOSSARY
The documents that set out the terms of a hedging agreement between parties. Typically these include an ISDA Master Agreement, a Schedule, a Confirmation and a Credit Support Annex.