Refine By
Clear all filter
About 92483 results for "*"
PRACTICE NOTES
This Practice Note examines the special status of individuals who are members of the reserve forces, and the rights and obligations that employers have in respect of such individuals. It considers which forces comprise the reserve forces, training commitments of reservists, calling out or mobilisation of reservists, when the reservist or employer can apply for exemption from, or deferral or revocation of, mobilisation, employer incentive payments and financial assistance for employers, reservists and the self-employed. It goes on to consider a reservist’s right to reinstatement, protection from dismissal and detriment, and protection from less favourable treatment as a part-time worker. What is a military reservist? There are two main types of reservist: • volunteer reservists: civilians recruited into any of the four volunteer reserve forces (VRF)—the Royal Naval Reserve, the Royal Marines Reserve, the Army Reserve (formerly known as the Territorial Army), and the Royal Auxiliary Air Force. Reservists engage for a period of three years at which point they need to re-engage if they wish to remain members of the VRF • ex-regular reservists: former members of the regular forces
GLOSSARY
Process by which minerals are extracted from ore, usually at the mine site, to produce a mineral concentrate for sale.
GLOSSARY
Where a party declines to provide full disclosure of their assets on the basis that they could afford any reasonable order that the court might make.
GLOSSARY
In the context of copyright law, mime is an example of a dramatic work.
NEWS
The Ministry of Law (MinLaw) has launched a guide intended to provide guidance on using generative artificial intelligence (GenAI) in the legal sector following a September 2025 public consultation. The guide promotes safe and responsible use of GenAI in legal services through three key principles: professional ethics, confidentiality and transparency, and provides practical guidance on implementing GenAI tools as well as case studies illustrating safe implementation across law practices and in‑house teams.
NEWS
IP analysis: In Jeff Gosling Ltd v Autochair Ltd, the Intellectual Property Enterprise Court held that the claimant’s Apex Assist hoist did not infringe Autochair’s patent for a vehicle hoist mechanism. The decision turned on the interpretation of ‘stepless adjustment’ and the evidentiary threshold for indirect infringement under section 60(2) of the Patents Act 1977. The court also rejected infringement under the doctrine of equivalents. This case provides valuable guidance on the limits of purposive construction, the role of user behaviour in indirect infringement, and the evidential burden required to establish equivalence in mechanical patents. Written by Ruby Zahra, associate at Shoosmiths.
NEWS
Restructuring & Insolvency analysis: The High Court dismissed Mr Lyons’ appeal against a bankruptcy order made on the petition of Bridging Finance Inc (BFI), holding that his purchase, redevelopment, letting and sale of a significant residential property entitled the first instance judge to find that he had carried on business in England and Wales for the purposes of section 265(2)(b)(ii) of the Insolvency Act 1986 (IA 1986). Mr Justice Rajah confirmed that an isolated but significant venture, objectively commercial and akin to a recognised business such as property development, may suffice; subjective intention is relevant but not determinative. The decision reinforces appellate restraint and gives petitioners practical guidance on jurisdiction, the Latreefers discretion for foreign debtors, and evidencing personal business activity separate from corporate ventures. Produced in partnership with James Knott of 4 Stone Buildings.
NEWS
Law360, London: Communities from eastern Brazil that claim a mining company caused environmental damage in the region can pursue their case in England, after a London appeals court ruled against it being heard in the Latin American country, lawyers for the claimants revealed on 6 August 2025.
GLOSSARY
In the context of the Listing Rules, a company or group whose principal activity is, or is planned to be, the extraction of mineral resources (which may or may not include exploration for mineral resources). Mineral resources includes metallic and non-metallic ores, mineral concentrates, industrial minerals, construction aggregates, mineral oils, natural gases, hydrocarbons and solid fuels including coal. The Listing Rules offer a concessionary route to premium listing for mineral companies in LR 6.10 of the Listing Rules.
GLOSSARY
Mineral resources are defined in Planning Practice Guidance (PPG) as natural concentrations of minerals or, in the case of aggregates, bodies of rock that are, or may become, of potential economic interest due to their inherent properties. The types of minerals include: aggregate minerals; industrial minerals; hydrocarbons; and energy minerals.
PRACTICE NOTES
STOP PRESS: A revised version of the National Planning Policy Framework was published on 17 August 2026. This content is being reviewed in light of the revised version. This Practice Note deals with the main features of the planning regimes in England and Wales that are relevant to minerals development. Minerals can only be extracted where they are found and restoration is an important element of any such development. These factors result in special considerations applying to planning for, and approving development relating to, the extraction of minerals. Minerals policy for England The main sources of policy and guidance for minerals planning in England are: • the National Planning Policy Framework (NPPF) • Planning Practice Guidance (PPG)—this provides detailed advice on the application of the policies in the NPPF • the Marine and Coastal Access Act 2009, which introduced measures to enable the sustainable management and use of marine resources, including the requirement for a Marine Policy Statement (MPS). The UK MPS contains minerals policy relating to offshore mineral interests. In Wales, there is the Welsh
PRACTICE NOTES
For a lawyer involved in acting for clients who acquire and work minerals the most important aspect of the law will be ownership of these minerals and the right to work them. From a general property lawyer's perspective however the main issues are whether or not separate ownership of minerals will result in any loss of support for the surface and any buildings thereon and whether compensation is payable for damage occasioned. What are mines and minerals? Mines ‘Mine’ is defined by section 180(2) of the Mines and Quarries Act 1954 (MQA 1954) as ‘an excavation or system of excavations (including all excavations to which a common system of ventilation is provided) made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving persons working below ground, of: • minerals (in their natural state or in solution or suspension), or • mineral products’ A mine includes so much of the surface (including buildings, structures or works on it) surrounding or adjacent to the shafts or