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PRACTICE NOTES
This Practice Note considers the position regarding the diligence of inhibition in Scotland. For guidance on: • other forms of diligence in Scottish civil procedure, see Practice Note: Enforcement in Scottish civil litigation which, in turn, links through to detailed guidance on a number of forms of diligence available in Scotland • the equivalent in England and Wales, see: Introduction to enforcement—overview which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of domestic enforcement in England and Wales • cross-border enforcement, see Practice Note: Cross-border enforcement—a guide for dispute resolution practitioners which, as well as giving an overview of this topic, links through to more detailed guidance on various aspects of cross-border enforcement In 2020, the Scottish Government began a policy review of diligence measures in Scotland and this led to the Bankruptcy and Diligence (Scotland) Act 2024, which received Royal Assent on 15 July 2024. See Practice Note: Enforcement in Scottish civil litigation—Methods of enforcement in Scotland for details. Key:
PRECEDENTS
[Insert details of proceedings] Initial Disclosure
PRECEDENTS
Your Ref: Our Ref: Date: From: [Insert name of landlord’s/tenant’s Solicitor] of [insert address] To: [Insert name of landlord’s/tenant’s Solicitor] of [insert address] Dear [insert organisation name] [Insert premises description]
GLOSSARY
The financial reward to a financial adviser for a customer taking out a new policy.
PRACTICE NOTES
When an ET1 claim is presented to the employment tribunal, there are various reasons why it might be rejected. Even if it is rejected initially, it might be accepted following reconsideration after an application by the claimant. See Practice Notes: Submission of a claim to the employment tribunal—Rejecting the claim: failure to use prescribed form or to supply minimum information and Responding to a claim in the employment tribunal—Applying for reconsideration of rejection of response for further information. Only if the claim is accepted must the tribunal send a copy of it to the respondent(s), seeking an ET3 response. Once the ET3 response has been presented to the tribunal, it too might be rejected for various reasons. As with the claim form, even if it is rejected initially, it might be accepted following reconsideration after an application by the respondent. See Practice Notes: Responding to a claim in the employment tribunal—Rejecting the response and Responding to a claim in the employment tribunal—Applying for reconsideration of rejection of response for further
CHECKLISTS
Businesses enter into contracts on a daily basis covering many different aspects of their business. It is important that commercial entities understand and address the negotiation and performance of the contracts that they enter into. This Checklist is intended to give high level guidance to drafters of contracts and their clients on the initial contract considerations when entering into contracts generally. It does not address the particular considerations of specific contracts. For more detailed information on other considerations which may be relevant at the outset of a contract negotiation, see also: • Practice Note: Structure and form of commercial contracts • Practice Note: Key terms and conditions in commercial contracts • Practice Note: Heads of terms • Practice Note: Exclusivity in contract negotiations • Commercial contract drafting and review—checklist • Commercial contract review and execution (business personnel)—checklist See also the Contract lifecycle collection which includes links to guidance on managing commercial contracts at each of their key lifecycle stages: negotiation, creation, review, variation and termination. Consideration Description Set objectives Consider:—what you want to achieve—whether it is realistic, and—whether
NEWS
The Trade Remedies Authority (TRA) has published its initial findings proposing the extension of the UK’s steel safeguard measure for a further two years. The measure protects the UK’s steel industry from surges in imports and covers 15 categories of steel. The measure was set to expire on 30 June 2024, however if extended, it will end by 30 June 2026. Parties that may be affected by the extension now have until 7 March 2024 to respond to the findings set out in the TRA’s Statement of Intended Final Determination (SIFD). The TRA will then submit its final recommendation to the Secretary of State for Business and Trade who will make a decision based on the TRA’s analysis. The safeguard extension review’s preliminary recommendation is that the safeguard measure should be extended on Category 1 products.
GLOSSARY
The returnable collateral deposited by a futures market participant when opening a position. It is also required of the writers of options.
NEWS
Construction analysis: The court held that, under the terms of a bespoke sub-contract, the contractor was required to give an initial notice to the sub-contractor (and allow a seven-day rectification period to expire) before it could terminate for a failure to proceed regularly and diligently or for material breach. In its view, this was the objective meaning of the words ‘subject to’ used in the relevant provision.
GLOSSARY
Features of an older style of unit-linked product design. Premiums paid in the first one or two years bought initial or capital units which bore a higher level of annual management charge than the accumulation units. These are a cunning actuarial device for extracting charges in an opaque way early on to recover the initial expenses of setting up the contract.
GLOSSARY
An initial admission of a company’s securities to a public market where institutional investors and/or private investors are invited to subscribe for new securities in the company. Sometimes the term can be used to include an introduction where a company joins a public market without issuing any new shares.
GLOSSARY
The first public sale of a company's equity (shares) resulting in a quoted stock price on a securities exchange.