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GLOSSARY
Referred to in Re Eurofood IFSC C-341/04 as a company not carrying out any business in the state where the registered office is located: the presumption that centre of main interests (COMI) corresponds to the registered office can therefore be rebutted.
NEWS
The Financial Conduct Authority (FCA), the Prudential Regulation Authority (PRA), Chair of the Treasury Committee , Dame Meg Hillier MP and CEO of Aviva plc, the HM Treasury and Women in Finance Charter Champion, Dame Amanda Blanc (stakeholders in the financial sector) and the Economic Secretary to the Treasury, HM Treasury, have issued communications through letters addressing the issue of sexism and gender inequality. The FCA plans to publish a final policy statement on non-financial misconduct in early 2025 and is considering feedback on data collection and target setting.
GLOSSARY
The representation'>grant of representation obtained by the representative'>personal representative of a deceased person's estate, where the deceased did not leave a Will, or the Will has been found to be invalid.
GLOSSARY
The representation'>grant of representation obtained by the representative'>personal representative of a deceased person's estate, where the deceased did not appoint an executor in their Will (or where the appointed executor is unable or unwilling to act).
GLOSSARY
A comfort letter is a letter written normally by a parent company or a government to the lender giving comfort to the lender about a loan made to a subsidiary or a public entity.
NEWS
Banking & Finance analysis: Alan C Williams, senior associate, and Andy McGregor, partner, both at RPC, examine the Court of Appeal’s judgment in the Petrosaudi Oil Services case concerning whether a bank was obliged to pay the claimant the sums due under a contract pursuant to a letter of credit.
NEWS
Banking & Finance analysis: This case considers the rights and obligations that arise between an issuer of a letter of credit and a confirming party that makes payment to a beneficiary.
PRACTICE NOTES
When acting on a corporate transaction (transaction) a professional adviser, eg financial adviser, solicitor, accountant etc, will enter into a letter of engagement with the party carrying out the transaction (client), setting out the agreed terms of the engagement. The letter of engagement will usually be entered into at the beginning of or during the initial stages of the transaction. Form of the letter of engagement Many professional advisers have a standard form letter of engagement usually made up of: • the main body of the letter setting out, amongst other matters, the role of the adviser, the scope of such role, the fees and commissions to be paid to the adviser by the client, how expenses will be dealt with, the adviser's liability to the client and how that liability is limited, and • an appendix to the letter attaching the adviser's standard terms and conditions of business, which will be incorporated into the letter of engagement by the inclusion of a clause in the main body of the letter Depending on how the letter
PRACTICE NOTES
What is a letter of intent? Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before the employer is in a position to enter into the full building contact. The letter may only instruct the contractor to progress design and procurement in relation to the project, or it may authorise works to be commenced on site. Letters of intent vary in their form and complexity. A very simple letter of intent might only confirm a party's present intention to enter into a contract for construction works in the future. In the absence of anything else, such a letter forms nothing more than a non-binding statement of present intention, akin to a comfort letter. However, most forms of letter of intent used for modern construction contracts are much more complex and seek to create contractual relationships between the parties. See Turriff Construction v Regalia Knitting Mills (1971) 9 BLR 20 (not reported on LexisNexis®). Modern letters of intent usually set out the employer’s intention to enter into a contract with the
PRACTICE NOTES
These training materials contain template PowerPoint slides and associated notes for use by a trainer when providing an introduction to letters of intent to trainee solicitors or others who are new to construction. Topics covered include: what are letters of intent and when are they used?, the potential legal and commercial pitfalls to be aware of when using letters of intent, advice on drafting letters of intent and the potential alternatives to using a letter of intent. The materials are available in both PowerPoint and Word formats and are fully customisable. Click the link below to download the presentation: Contents • Letters of intent in the construction
NEWS
Dispute Resolution analysis: The Commercial Court declined to approve letters of request to Cyprus and Germany in their proposed form under CPR 34.13. Although the witnesses could reasonably be expected to give relevant evidence for use at trial, the proposed procedures did not sufficiently respect the role, language and procedural law of the requested courts. In particular, English counsel should not be asked to conduct or participate actively in examinations abroad. The Cypriot request also required translation into Greek. The decision emphasises that letters of request must be framed around the procedures of the requested state and managed so that obtaining potentially valuable evidence does not impose unfair or oppressive burdens
PRECEDENTS
[Insert name of employee] [Insert address of employee] [Insert date] Dear [Insert name of employee] I am writing to you about your flexible working request dated [insert date which appeared on employee’s request], which we received on [insert date employer received the request]. Initially, the law requires us to notify you of our decision on your request within two months of the day on which we received it (ie within what is called ‘the decision period’). However, as was