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GLOSSARY
An order under which a judgment debtor is to pay the judgment sum in a series of instalments rather than in a single sum.
PRACTICE NOTES
This Practice Note addresses the common necessity for law firms of accepting payment by instalments of an outstanding bill. The SRA has issued a case study expressing the view that this constitutes entering into a regulated credit agreement as a lender, meaning you would need to enter into a formal consumer credit agreement. This Practice Note explains why we differ from the SRA on this issue, based on established case law and the leading specialist consumer credit text. You should also remember that the consumer credit regime affects only clients who are individuals and very small partnerships, as the Consumer Credit Act 1974 (CCA 1974) does not apply to agreements with larger partnerships or corporate entities. See Practice Note: Consumer credit and client fee arrangements—What is a consumer credit agreement? SRA requirements The SRA Financial Services (Scope) Rules set out the scope of the regulated consumer credit activities that may be undertaken by a firm authorised by the SRA, but not regulated by the FCA. See Practice Notes: Consumer credit and law firms and Consumer
GLOSSARY
In cloud computing, an instance typically represents a single running server, process or application.
Q&As
Rectification is an equitable remedy aimed at amending a document to accord with the intention of the parties. Parties to a contract may have had a common intention or understanding when they drew up their contract as to what it meant but, somehow, that meaning has not been reflected in the drafting, ie it is different from the objective meaning of the contractual document as ascertained in accordance with the rules of contract interpretation. Alternatively, a mistake may be able to be corrected by means of construction ie, seeking a declaration of the court as to the meaning of the relevant clause, rather than by applying for rectification. In Investors Compensation Scheme v West Bromwich Building Society, Lord Hoffmann set out the five principles of contract interpretation as follows: • interpretation
NEWS
The Institute for Government has analysed Prime Minister Keir Starmer's proposal to change how UK courts interpret the European Convention on Human Rights (ECHR) and other international treaties in immigration cases. The former Treasury Solicitor, Sir Jonathan Jones examines how Parliament could pass legislation setting out specific interpretations of Articles 3 and 8 of the ECHR, while the government maintains its commitment to remaining within the Convention. The analysis notes that claimants could still apply to the European Court of Human Rights in Strasbourg, which would not be bound by UK domestic legislation.
NEWS
The Institute for Government has published a legal analysis examining potential court challenges to the Labour government's proposed asylum system reforms. The analysis, conducted by former Government Legal Department permanent secretary Sir Jonathan Jones, identifies several areas vulnerable to litigation under the European Convention on Human Rights (ECHR). Key concerns include proposals to replace mandatory asylum seeker support with discretionary provision, which may breach Article 3 ECHR's absolute prohibition on inhuman or degrading treatment. The analysis warns that plans to resume removals following regime changes could violate non-refoulement principles without case-by-case safety assessments. Additional legal risks are identified in proposals to create a new appeals body with potentially limited judicial review, and measures to narrow Article 8 ECHR scope through strengthened public interest tests, restricted family member definitions, and limited claim procedures. The analysis notes that while the Immigration Act 2014 previously introduced similar Article 8 restrictions, further limitations increase the likelihood of successful Human Rights Act challenges and potential incompatibility declarations by UK courts.
NEWS
The Institute for Government has published an explainer following the first UK-EU Summit held in London, detailing the recently announced outcome of the UK-EU reset.
NEWS
The Institute for Government has published a guide detailing the legal aspects of UK nationalisation, prompted by recent emergency legislation regarding British Steel's Scunthorpe plant. The analysis outlines how nationalisation requires primary legislation, European Convention on Human Rights (ECHR) compliance particularly regarding property rights and considers judicial review risks for secondary legislation. The document examines legal structures for state ownership, Transfer of Undertakings Protection of Employment (TUPE) implications, and compensation requirements under Human Rights Act 1998 constraints.
GLOSSARY
The IFLA is a collaboration between Resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR).
GLOSSARY
An organisation representing UK company directors, offering advice and support in relation to boardroom practice and governance.
GLOSSARY
A professional body for civil engineers.
GLOSSARY
The Institutional Limited Partners Association (ILPA) is the largest trade association in the world for institutional limited partners in the equity'>private equity asset class, headquartered in Washington, D.C..