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GLOSSARY
Avowal in legal practice refers to an express and usually formal acknowledgment, statement or admission of fact, belief or intention, made personally and unequivocally. It is not generally a term of art defined in UK or Irish legislation, but a descriptive expression used across civil, criminal and public law contexts in England & Wales, Scotland, Northern Ireland and Ireland.An avowal may appear in witness evidence, affidavits, statements of case, pleadings, statutory declarations, letters before action, settlement correspondence or advocacy, where a party or representative openly asserts a position (“avows”) on the record. In criminal proceedings, an avowal may describe a clear admission or assertion by a defendant or witness, potentially relevant to credibility, weight of evidence or abuse of process arguments.In disciplinary, regulatory or public law matters, an avowal can be significant where a professional, office-holder or public authority formally asserts compliance, knowledge or lack of knowledge, which may later be tested against documents or disclosure.Across the UK and Ireland, the core meaning is consistent: an avowal is a deliberate, unambiguous assertion or admission, capable of legal consequence, including use in cross-examination, submissions and findings of fact.
NEWS
Local Government analysis: Kevin Long, solicitor at Hackney Community Law Centre considers the Coroner’s ruling and regulation 28 report to Prevent Future Deaths following the death of Awaab Ishak. The analysis includes background information, the proposals, the time frame for the proposals coming into force and whether the proposals will improve standards in social housing.
GLOSSARY
Generally, a final, binding decision of the arbitral tribunal on the substantive dispute between the parties. Arbitral awards may also be interim (ie they have temporary, not final, effect) and partial (ie deciding one or more, but not all, of the issues in the dispute on a final, binding basis).
GLOSSARY
The order issued by a sheriff following a petition lodged by a creditor or by the AiB following an application for sequestration by the debtor declaring a person to be bankrupt and sequestrating their estate. The Award vests the debtor’s estate in the trustee
PRECEDENTS
This Deed is dated [insert date]. Parties 1 [Insert name of company] with company number [insert company number] whose registered office is at [insert address] (the Company). 2 [Insert name of participant] of [insert address] (the Participant). Background and interpretation (A) The Company has established the [insert name of plan] (the Plan). (B) The Participant is an Eligible Employee and the Company wishes to grant an Award to the Participant pursuant to the Plan. (C) Terms defined in the rules of the Plan (the Rules) (but not defined in this Deed) shall have the same meanings in this agreement unless the context requires otherwise. (D) This agreement is entered into as a Deed. This agreement is SUPPLEMENTAL to the Rules. Where there is any ambiguity or difference between the terms of this agreement and the Rules, unless otherwise provided for
NEWS
PI & Clinical Negligence analysis: The High Court (Mr Justice Ritchie) assessed quantum in a domestic abuse claim following default judgment on liability, awarding substantial damages to both claimants for psychiatric injury and consequential loss. The court held that the first claimant’s injuries fell within the Judicial College Guidelines for sexual and physical abuse, rather than PTSD, justifying an award within the severe bracket, and adopted a Smith v Manchester approach to future loss given evidential uncertainty. It clarified that liability for recoverable benefits rests with the defendant and that Criminal Injuries Compensation Authority (CICA) recoupment arises only upon actual recovery. The decision provides important guidance on quantification methodology and evidential treatment in domestic abuse claims. Written by Dominic Ruck Keene, barrister of 1 Crown Office Row.
NEWS
Corporate Crime analysis: What is the correct approach for an application for costs when there has been a successful private prosecution for statutory nuisance? This was the issue in R (on the application of Parker) v Magistrates Court at Teesside which involved an analysis of the correct construction section 82(12) of the Environmental Protection Act 1990 (EPA 1990) and provided some useful guidance on how the magistrates court should approach the award of costs in statutory nuisance cases. The court also considered a procedural point as to whether the correct avenue of appeal was via the case stated procedure rather than judicial review. Written by Lee Fish, barrister at New Park Court.
PRACTICE NOTES
This Practice Note sets out the process public authorities need to follow in order to make a lawful subsidy award under the Subsidy Control Act 2022 (SCA 2022). It assumes that the public authority has already identified the beneficiaries of a measure and assessed the presence of subsidy with regard to each. For background reading, see Practice Notes: Subsidy control and Identifying subsidies regulated by the Subsidy Control Act 2022. Value of the subsidy The choice of route to award a subsidy is likely to be shaped by the value and characteristics of the proposed award. The Subsidy Control (Gross Cash Amount and Gross Cash Equivalent) Regulations 2022, SI 2022/1186 set out how public authorities should value subsidies. For a subsidy given as a grant, the subsidy value will be the grant sum. Where a subsidy is given by any other means (other than as a tax deduction), the gross cash equivalent value will be the difference between the terms on which the subsidy is
NEWS
Law360, London: A law firm that became part of now-collapsed Axiom Ince has settled its claim with Aviva in a dispute over its business interruption insurance policy that erupted in the wake of national lockdowns imposed during the coronavirus (COVID-19) pandemic.
NEWS
Law360: Insurer Axis must pay £6m to an American real estate developer under a law firm’s insurance policy after a partner misappropriated funds intended to buy a Scottish castle, a London appellate court ruled 15 January 2024.
PRACTICE NOTES
NOTE—to see whether notification thresholds in Azerbaijan and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the merger control regime in Azerbaijan and are any updates or developments expected in the coming year? Are there any other ‘hot’ merger control issues in Azerbaijan? On 8 December 2023, a new Law on Approval of the Competition Code of the Republic of Azerbaijan (Competition Code) was adopted. The Competition Code represents a significant update to the country’s regulatory framework. With 12 chapters and 84 articles, it introduces new concepts and definitions such as relevant market, unfair trade practices, low monopoly price, barriers to entry, and concentration of economic entities. The Competition Code replaces the Law of the Republic of Azerbaijan on Antimonopoly Activity dated 4 March 1993, the Law of the Republic of Azerbaijan on Unfair Competition dated 2 June 1995, and the Law on Natural Monopolies dated 1998. It also introduces, in a more structured manner, merger control rules governing economic concentrations. The Competition Code entered
Q&As
Yes, a Landlord and Tenant Act 1954 (LTA 1954) protected lease can be surrendered without the service of a section 25 notice. The surrender must be an actual surrender by deed or operation of law. Any agreement to surrender must not fall foul of LTA 1954, s 38 and must comply