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GLOSSARY
An order of the court which for the period during which it is in force puts in place a moratorium to give the applicant an opportunity to put a proposal for an individual voluntary arrangement to his creditors.
PRACTICE NOTES
What is an interim order? An interim order (IO) is a court order that prevents legal proceedings being commenced or continued against a debtor who wishes to put forward a proposal for an individual voluntary arrangement (IVA). This includes preventing a creditor from presenting a bankruptcy petition. It is no longer necessary to obtain an IO in order to make an IVA proposal. The purpose of the IO is to give the debtor time to formulate the arrangement free from harassment and demands by the debtor’s creditors. It is akin (although not identical) to the statutory moratorium that arises in other forms of the insolvency process (eg administration). In particular, for so long as the IO is in force, it has the effect that: • a bankruptcy petition may not be presented and, if one has been presented, it may not be proceeded with • the following acts are forbidden unless the court gives leave: ◦ a landlord may not exercise a right of forfeiture by peaceable re-entry ◦ no proceedings,
PRACTICE NOTES
This Practice Note sets out the requirements in relation to interim orders in public children proceedings including the criteria and nature of interim orders and the duration, effect and termination of an interim order. It also provides guidance on assessments and examinations during interim proceedings. Interim orders include interim care orders (ICOs) and interim supervision orders (ISOs). In C (A Child) (Interim Separation), the Court of Appeal described the ability to make an ICO under section 38 of the Children Act 1989 (ChA 1989) as ‘one of the family court's most significant powers’ and set out what it described as ‘a consistent series of propositions’ in the relevant case law, ie that: • an interim order is inevitably made at a stage when the evidence is incomplete and it should therefore only be made in order to regulate matters that cannot await the final hearing—an interim order is not intended to place any party to the proceedings at an advantage or a disadvantage • the removal of a child from a parent is an interference
PRACTICE NOTES
Available remedies The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 20 sets out a wide range of interim remedies that may be ordered by the court including: • an interim injunction • an interim declaration • an order for: ◦ the detention, custody or preservation of relevant property ◦ the inspection of relevant property ◦ the taking of a sample of relevant property ◦ the carrying out of an experiment on or with relevant property ◦ the sale of relevant property which is of a perishable nature or which for any other good reason it is desirable to sell quickly—note that in BR v VT, Mostyn J considered that an interim order for sale may be made under this provision prior to the conclusion of a substantive ancillary relief application, but that approach was subsequently doubted by Cobb J in WS v HS; thereafter, in SR v HR (Property Adjustment Orders), Mostyn J noted that, until the matter could be resolved by a higher court, best
PRECEDENTS
This Agreement is made on [insert date] (the Commencement Date) between the following parties (each a party and together the parties): Parties 1 [insert supplier name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [insert customer name] a company incorporated in [England and Wales] whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer). Background (A) The Supplier is an experienced provider of outsourced [describe the outsourced services]. (B) The Customer has agreed to appoint the Supplier to provide [describe the outsourced services] involving [insert general description] for the Customer. (C) While the terms of a formal and detailed outsourcing agreement are negotiated and agreed between the parties for those services, the parties have agreed that the Supplier shall be permitted to commence certain activities on an interim basis in accordance with the provisions of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Background IPR • means Intellectual Property Rights of the Supplier (or its third party provider) existing prior to the Commencement Date, or
GLOSSARY
An order for payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay.
NEWS
The Court of Appeal has recently allowed an appeal brought by Ashtead Plant Hire against an order requiring them to make an interim payment to Donald Berry who was seriously injured in an accident in July 2010
FLOWCHARTS
ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates
FLOWCHARTS
ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates
FLOWCHARTS
This flowchart illustrates the interim payment process in the JCT Design and Build
FLOWCHARTS
This flowchart summarises the interim payment process under the JCT Intermediate
FLOWCHARTS
ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the interim