An order in existing proceedings for disclosure of documents or inspection of property against a person who is not a party to those proceedings.

Dispute Resolution analysis: This case considered whether the non-payment of a court filing fee meant that time would continue to run for limitation purposes in respect of a new claim within existing proceedings. The Court of Appeal held that such a claim, made by way of amendment, will not become time-barred because the requisite court fee had not been paid. In so doing, Lord Justice Peter Jackson set out in some detail the relevant principles from the key authorities and this judgment accordingly also provides helpful practical guidance on when the failure to pay a court fee could conceivably lead to a claim being out of time for limitation purposes. Written by Christopher Humby, of counsel at Quinn Emanuel.

International arbitration remains largely perceived as a procedure in which parties seek monetary relief, mainly damages for breach of contact. Yet, non-pecuniary remedies, despite having been relatively overshadowed by headline figures on damages awarded by some arbitral tribunals, have always been available at least in some jurisdictions and have attracted increasing attention in recent years (Charles H. Brower, Neglected, Perplexing, Unpredictable: Remedies in International Commercial arbitration, 102 Nebraska Law Review [2024], 490–493). This Practice Note addresses the jurisdiction and powers of arbitrators to award non-pecuniary remedies, and it introduces the main types of such remedies. It touches upon some of the issues analysed in detail in a study carried out in 2011, in the context of an ASA conference on ‘Performance as a Remedy—Non-Monetary Relief in International Arbitration’ (Performance as a Remedy: Non-Monetary Relief in International Arbitration (2011), Michael E. Schneider and Joachim Knoll (eds.)), which is referenced throughout this Practice Note. The authors thank Mr Robert Bradshaw, Partner, and Ms Margaux Bergère, Associate in LALIVE’s Arbitration Practice Group, for their valuable assistance

ARCHIVED: This Practice Note is archived and is no longer maintained. A bank loan is considered a non-performing loan (NPL) when more than 90 days have passed without the borrower paying the agreed instalments or interest. Banks saw a build-up of NPLs in their books when the inability of borrowers to pay back their loans was magnified by the financial crisis and subsequent recessions. The ability of banks to sufficiently manage the riskiness of their loans is reduced when they have proportionately high levels of NPLs. NPLs are a supervisory priority for the European Central Bank (ECB), which monitors the overall level of NPLs across euro area banks. As part of the supervisory review and evaluation process (SREP), they check whether individual banks sufficiently manage the riskiness of their loans and if they have appropriate strategies, governance structures and processes in place. The ECB also regularly carries out co-ordinated exercises to review the asset quality of the banks it directly supervises—it works together with national supervisors to find a consistent and effective way of dealing with

Charities may make profit, or surplus, which must be retained for use in pursuance of their objects. It is not distributable to owners or shareholders, as in commercial business.

“Non-profit making body” means a body of persons whose activities are not carried on for profit.

In the case of an exchange of shares for loan notes, the tax treatment of the shareholder will depend on whether the loan notes are qualifying corporate bonds (QCBs) for tax purposes, or non-QCBs. A non-QCB means a loan note (or other form of debt security) that is not a QCB.

A receivables purchase facility under which the receivables purchaser's right to recourse the receivables are limited. Typically the receivables purchaser may not recourse receivables if the relevant debtor becomes insolvent after the receivable was notified.

A loan where the lender can only look to the covenant of the borrower (rather than another group company such as the parent company) or to the specific assets charged (rather than the assets of the borrower generally) to meet payment obligations under a loan

Broadly, an offshore fund that is not a reporting fund.

A now-replaced charge to capital gains tax (CGT) which applied to disposals by non-residents of UK residential property between 6 April 2015 and 5 April 2019.

ARCHIVED: This Practice Note gives an overview of the non-resident capital gains tax (NRCGT) charge that applied to certain non-UK resident persons when they disposed of UK residential property on or after 6 April 2015 and before 6 April 2019. It has been archived and is not maintained. Changes to the taxation of gains made by non-UK residents on UK immovable property took effect from 6 April 2019. These changes are included in section 13 and Schedule 1, Part 1 to the Finance Act 2019. For more details, see Practice Note: Non-residents and tax on chargeable gains from 6 April 2019—gains and UK immovable property. For disposals on or after 6 April 2015 and before 6 April 2019, an NRCGT charge applies to non-UK resident individuals, trustees, closely-held funds and companies on the disposal of UK residential property. NRCGT applies to disposals of UK residential property of any value including property which is let as part of a property rental business. It also applies to the disposal of a right to acquire UK