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PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. This Precedent is for use in registering a judgment under the enforcement provisions set out in Regulation (EC) 44/2001, Brussels I (Chapter III, section 2). Due to transitional provisions following the UK leaving the EU, a judgment can be registered after
PRECEDENTS
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see: • (Form IAA) IR 2016, r 1.35 VAR Insolvency Act Application Notice INSOLVENCY ACT APPLICATION NOTICE CASE NO: [insert case number] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [insert location] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [insert location] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF[ insert company’s name] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [Insert name(s) of the Applicant(s)]        Applicant(s) AND
PRECEDENTS
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see: • (Form IAA) IR 2016, r1.35 VAR Insolvency Act Application Notice • Application notice in insolvency proceedings (corporate) In the matter of the insolvency act 1986 Application Notice Name of company Company number [Insert company number] [Insert name of court] For court use only Court case number: Between Applicant [Name of Applicant (usually the company] and Respondent Petitioning Creditor Is this application in insolvency proceedings which are already before the court? [Yes OR no][.......................] If Yes,
PRECEDENTS
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see: • (Form IAA) IR 2016, r 1.35 VAR Insolvency Act Application Notice application notice *Full name of company or debtor/bankrupt Company number:N/A In the [Name of Court] [Name of Court in which the original Bankruptcy Order was made or Name of Court if case has been transferred] For court use only Court case number: *Type of insolvency proceeding:Bankruptcy Between
PRECEDENTS
INSOLVENCY ACT APPLICATION NOTICE Form IAA Rule 1.35 of the Insolvency (England and Wales) Rules 2016 Court Reference No. [number] [IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [location]] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [location] DISTRICT REGISTRY OR IN THE COUNTY COURT AT [location]] IN THE MATTER OF [company name] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 Between [name]        Applicant and [name]        Respondent 1 This application is made under [ [Section [number]
PRECEDENTS
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see: • (Form IAA) IR 2016, r1.35 VAR Insolvency Act Application Notice • Application notice in insolvency proceedings (corporate) INSOLVENCY ACT APPLICATION NOTICE CASE NO: [insert case number] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [insert location] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [insert location] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [insert company’s name] AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [Insert name(s) of the
PRECEDENTS
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see: • (Form IAA) IR 2016, r 1.35 VAR Insolvency Act Application Notice INSOLVENCY ACT APPLICATION NOTICE CASE NO: [insert case number] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [insert location] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [insert location] BUSINESS AND PROPERTY WORK ] IN THE MATTER OF [insert bankrupt’s
PRECEDENTS
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see: • (Form IAA) IR 2016, r 1.35 VAR Insolvency Act Application Notice INSOLVENCY ACT APPLICATION NOTICE CASE NO: [insert case number] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS IN [insert location] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE COUNTY COURT AT [insert location] BUSINESS AND PROPERTY WORK ] [ IN THE MATTER OF [insert company’s name] OR IN THE MATTER OF [insert bankrupt’s name] ] IN BANKRUPTCY AND IN THE MATTER OF THE INSOLVENCY ACT 1986 BETWEEN [Insert name(s) of the Applicant(s)]        Applicant(s)
NEWS
Dispute Resolution analysis: This judgment provides an insight into the court’s application of the Civil Procedure Rules (CPR) in relation to: (i) retrospective permission to effect alternative service of documents other than the claim form relying on a process of service clause, (ii) permission to make an application for summary judgment, notwithstanding the failure of the defendants to file an acknowledgment of service; and (iii) summary judgment. The claim involved creditors under a series of loan agreements issuing proceedings against the debtors and a guarantor. Written by Andrew Butler QC, barrister, at Tanfield Chambers.
NEWS
Private Client analysis: The recent decision in Kelly v Brennan is significant in that the court held that it was able to rectify a Will by applying the domestic law of rectification to a Will that was made in the Republic of Ireland. Although the court may apply domestic law to a foreign Will where it is concerned with issues of formal validity, material validity and interpretation and where the testator was domiciled within the jurisdiction, this was the first occasion on which the court was called upon to decide if the domestic law of rectification should be applied in the same way. Written by Michael Bowmer, barrister, at 4 New Square Chambers.
NEWS
Personal Injury analysis: The Transfer of Undertakings (Protection of Employment) Regulations 2006 apply in cases where a business is sold, activities are outsourced, brought in-house or transferred and where a contract for services is moved from one provider to another. Sophie Houghton, professional support lawyer at BLM, looks at how the Regulations apply to claims for accidents at work, and whether a claim can be pursued against new employers when a breach occurs pre-transfer.
PRACTICE NOTES
This Practice Note contains a table with some specific examples of where legal professional privilege (LPP) and privileged circumstances are likely to apply and where a suspicious activity report (SAR) to the National Crime Agency (NCA) is permitted or required. For either LPP or privileged circumstances to apply the communication must satisfy all the relevant qualifying requirements. For further information, see Practice Note: Privilege, money laundering and terrorist financing. There is no established list of communications or documents that benefit from LPP or privileged circumstances. This table contains a summary of current thinking and court findings. Given the difficulty in interpretation, it is important to record your decision-making process to rebut any allegation of a failure to make a disclosure under section 330 of the Proceeds of Crime Act 2002 (POCA 2002). POCA 2002, s 330(6) states that you will not commit a failure to disclose offence where: • you have a reasonable excuse for not making the required disclosure, or • the information came to you in privileged circumstances It