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NEWS
Dispute Resolution analysis: Sir Geoffrey Vos, Chancellor of the High Court, took the opportunity to provide helpful guidance on CPR PD 51U—which governs the disclosure pilot in the Business and Property Courts. In particular, he emphasised that issues for disclosure are very different to issues for trial, and issues for disclosure do not extend to every issue which is disputed in the statement of case by denial or non-admission. In many cases, the issues of disclosure need not be numerous, and they will almost never include legal issues or factual issues which are already capable of being resolved based upon documents available from initial disclosure. Parties ought to pay close attention to the various models of disclosure provided within the pilot scheme, and it may be appropriate for parties to each rely upon different models in respect of the same issue, but this must be assessed on a case by case basis. The importance of cooperation was also addressed, and it was made clear that parties must not seek to use the process to gain any litigation advantage; such conduct will be met with immediately payable adverse costs. Written by Georgia Whiting, barrister, at 4 King’s Bench Walk.
PRACTICE NOTES
This Practice Note provides guidance on Part 8 of the Anti-social Behaviour Act 2003 (ABA 2003), which gives local authorities the power to deal with complaints about high hedges which are having an adverse effect on a neighbour's enjoyment of their property. Complaints about high hedges that local authorities can consider Local authorities can only consider a complaint under ABA 2003 in respect of a high hedge if: • it relates to a ‘high hedge’ as defined in ABA 2003 • the hedge is on land owned by someone other than the complainant • it affects a domestic property • the complaint is made on the grounds that the height of the hedge adversely affects the reasonable enjoyment of the domestic property in question, and • it is brought by the owner or occupier of that property Definition of high hedge The hedge in question must: • consist wholly or predominantly of a line of two or more evergreen or semi-evergreen shrubs or trees • be more than two metres in height, and • act as a barrier to light
GLOSSARY
High seas refers in practice to sea areas that lie beyond the territorial sea and other zones over which any coastal state exercises sovereignty, such as the territorial waters of the UK or Ireland. It is used in shipping, marine insurance, criminal jurisdiction, fisheries, environmental law and public international law.In UK and Irish law, the concept largely follows international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), under which the high seas are open to all states and not subject to the sovereignty of any one state. They begin seaward of the outer limit of the exclusive economic zone (EEZ) or, where no EEZ is claimed, beyond the territorial sea.Key legal consequences include: freedom of navigation and overflight; flag-state jurisdiction over ships; limited bases for exercising criminal or regulatory jurisdiction; and specific treaty-based obligations regarding pollution, conservation of living resources and piracy.Usage and meaning are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, with domestic legislation in each jurisdiction incorporating or applying UNCLOS-based definitions where needed.
GLOSSARY
An intermediary upgrade technology for GSM (Global System for Mobile communications) based on circuit-switched technology and enabling data service speed of 57 kbit/s.
NEWS
Arbitration analysis: The Supreme Court of Queensland in Clarke Energy (Australia) Pty Ltd v Power Generation Corporation and anor dismissed an application to set aside an arbitral award made on the ground that the award was contrary to public policy in that the applicant was denied procedural fairness. The court accepted that a sufficiently serious denial of procedural fairness could justify setting aside an award on public policy grounds, but applied the orthodox principle that there must be real unfairness or real practical injustice. In this case there was no denial because the issue the applicant said the arbitrator ignored was not raised by the applicant until its closing submissions in reply. The arbitrator in fact dealt with the issue, and there was no relevant injustice. Written by Dr Cameron Ford OAM SC, barrister at William Forster Chambers.
GLOSSARY
A bond issued by an issuer with a low credit rating which must yield a high rate of interest to attract investors (also known as a junk bond).
CHECKLISTS
Introduction High yield bonds are regulated by securities laws and, with very limited exceptions, are governed by New York law, no matter where the issuer is located. The bonds will be issued pursuant to an indenture, pursuant to which a trustee is also appointed to represent the interests of bondholders. For more information on high yield bonds, see Practice Notes: Introductory guide to high yield bonds and High yield debt in 11 jurisdictions worldwide. For an overview of the core transaction documents required to document a high yield bond issuance, see Checklist: Issuing high yield bonds—documents list. In addition to setting out the principal covenants of the issuer, the indenture contains provisions which are necessary for the administration of the high yield bonds and the performance by the bond trustee of its functions. The bond trustee is appointed primarily to perform administrative functions on behalf of bondholders pre-default and to take enforcement action on behalf of the bondholders where necessary. For a discussion of the material terms and covenants of high yield
GLOSSARY
Bonds issued by an issuer with a low credit rating which must yield a high rate of interest to attract investors (also known as junk bonds).
GLOSSARY
A format for television that offers far superior quality to standard NTSC (National television standards committee), PAL (Phase Alternating Line) or SECAM (Sequential Color with Memory) systems. The resolution of the picture is roughly double previous television signals and the pictures are displayed with a screen ratio of 16:9 as compared with standard sized TV screens, which have a screen ratio of 4:3.
GLOSSARY
An ETSI (European Telecommunications Standards Institute) standard for a wireless LAN (Local Area Networks) that operates at up to 54 Mbit/s in the 5 GHz RF band.
PRECEDENTS
This Precedent High-risk client/matter central list allows you to keep a central record of all high-risk clients/matters. It includes a separate tab for politically exposed persons (PEPs). It can be used to help assess and monitor the firm’s risk more effectively, speed up the client due diligence (and enhanced due diligence) process,
PRECEDENTS
1 General information Review period [Insert review period] Date of review [Insert date] Person(s) conducting review [Insert name(s)] 2 Data Total number of high-risk clients [Insert number] Total number of high-risk matters [Insert number] Total number of these that relate to PEPs [Insert number] Total number of these that relate to false/stolen identification documentation [Insert number] Total number of these that relate to sanctioned entities [Insert number] Total number of these that relate to a proliferation financing concern [Insert number] Total number of these that relate to clients who are beneficiaries of life insurance policies where the retainer bears direct relevance to the policy [Insert number] Total number of these that relate to clients seeking residence/citizen rights of a state in exchange