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NEWS
MLex: A division is emerging in the UK financial services industry over the future of digital money, after Bank of England (BoE) governor Andrew Bailey again poured cold water on the idea that stablecoins might offer a viable substitute for bank-issued money. Traditional finance has applauded, but the fintech sector is rather less enthusiastic. Bailey has also expressed increasing wariness about the BoE’s own digital pound project.
GLOSSARY
A bailiff is, in everyday legal practice, the officer who enforces court judgments and orders by taking control of goods, executing writs and warrants, securing possession or carrying out evictions, and collecting sums due.England and Wales: The formal term is enforcement agent (including County Court bailiffs and High Court Enforcement Officers). The role is defined by the Tribunals, Courts and Enforcement Act 2007, Schedule 12, and the Taking Control of Goods regime (2013/2014). Powers of entry and seizure, notice requirements and fees are prescribed by statute, and agents are certified unless exempt.Scotland: Enforcement is undertaken by sheriff officers and messengers-at-arms, who execute diligence (including attachment, arrestment and ejection) under the Debtors (Scotland) Act 1987 and related legislation. “Bailiff” is not a technical term in Scots law.Northern Ireland: Judgment enforcement is centralised in the Enforcement of Judgments Office under the Judgments Enforcement (Northern Ireland) Order 1981. EJO enforcement officers, not “bailiffs”, carry out seizure of goods, attachment of earnings and possession.Ireland: Enforcement is by sheriffs (and county registrars) under the Sheriffs Acts and the Enforcement of Court Orders Acts, including execution against goods and delivery of possession; “bailiff” is largely archaic.In all jurisdictions, instruction requires an enforceable judgment or order (e.g., warrant/writ of control, decree, or order for possession).
GLOSSARY
Bailment is the legal relationship whereby one person, the bailee, is voluntarily and knowingly in possession of goods belonging to another person, the bailor.
PRACTICE NOTES
This Practice Note provides an introduction to bailment, which is a large and complex topic. This Practice Note provides a working definition of bailment and practical tips. It discusses modern commercial bailment, how bailment is created, the bailor and bailee and obligations arising between them. Bailment under contract is outlined, together with limitation of liability and incorporation of terms in bailment contracts. Bailments arising in hire purchase agreements, pawn and pledge arrangements, the hospitality industry and international transport are briefly discussed. Non-contractual bailment is introduced and issues with mistaken deliveries and uncollected goods are outlined. Bailment disputes, remedies and actions against third parties are introduced. Tips in relation to pleading bailment are provided. Bailment defined Bailments can arise in a very wide range of circumstances, making a precise definition of what constitutes bailment, and a comprehensive classification of types of bailment, difficult. Simplistically, possession (or custody) of goods is a form of interest in or rights over goods, which can be distinguished from the ownership of goods. A bailment
GLOSSARY
Bailout describes emergency financial support to a failing bank or company to avert insolvency or wider market disruption. It commonly covers government-funded or government‑backed interventions (recapitalisation, loans, guarantees, asset purchases, temporary nationalisation or liquidity support), and is also used for private rescues by shareholders or a parent. The term is not defined in UK or Irish legislation; it is a descriptive expression used across public, banking, corporate and insolvency law.Typical legal features include public interest/systemic risk assessments, conditions on restructuring, governance, dividends and pay, burden‑sharing by shareholders and subordinated creditors, and scrutiny under subsidy control/state aid and resolution law.England & Wales, Scotland and Northern Ireland: public support engages the Subsidy Control Act 2022. Bank failures are primarily handled under the Banking Act 2009 special resolution regime, with the Bank of England favouring bail‑in tools to avoid taxpayer bailouts. In Northern Ireland, EU State aid may apply to measures affecting trade in goods under the Windsor Framework.Ireland: state support is subject to EU State aid control and bank resolution under the BRRD and Single Resolution Mechanism (Central Bank of Ireland/Single Resolution Board).
NEWS
Law360, London: Baker Botts LLP scored a partial early victory in its dispute to recover US$7m in fees from an Egyptian energy mogul, with a London court ordering the businessman's company on 29 August 2025 to pay US$1m ahead of a trial.
GLOSSARY
A fixed interest trust governed by English law, where the source of the income is the underlying income-producing assets held by the trust.
NEWS
The Baku Arbitration Centre (BAC) has announced that the Azerbaijan Arbitration Days 2025 will take place in Baku from 24–25 October 2025, coinciding with the official inauguration of the BAC.
NEWS
The Baku Arbitration Centre (BAC) was officially inaugurated in Baku on 24–25 October 2025 during the Azerbaijan Arbitration Days conference, marking the establishment of first arbitral institution based in Azerbaijan. The two-day event, held under the theme ‘Driving the Transformation’, underscored the country’s growing role as a regional hub for international dispute resolution.
GLOSSARY
Balance due describes the outstanding amount presently payable by a debtor after applying all credits, part‑payments, retentions and agreed adjustments. In practice it is calculated as principal less payments/allowances, plus any accrued contractual or statutory interest, recoverable fees, and VAT (where applicable), and is subject to any valid set‑off or counterclaim.The term is a widely used descriptive expression across legal contexts (contracts, invoices, loan accounts, rent or service charge arrears, costs, completion statements, and judgments). It is not generally defined in legislation, though statutes and case law use cognate phrases such as “sum due” or “balance outstanding”. In legal usage, “due” ordinarily means presently payable, rather than merely owing at a future date, depending on context.Its practical significance includes: identifying the liquidated sum for pleadings and affidavits; establishing whether default interest is accruing; supporting a statutory demand, bankruptcy or winding‑up petition; and certifying amounts for enforcement (e.g. warrant/charge order; in Scotland, diligence following decree).Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. Scots practice commonly refers to “sum due” or “balance outstanding”; Irish practice uses “balance due” in summary judgment and statutory demand procedures. Accurate calculation and evidence (statement of account) are essential.
GLOSSARY
Parts of the NPP which lie outside the nuclear and turbine islands.
PRACTICE NOTES
This note provides an overview of Balance of Plant (BOP) Agreements in the context of wind farm projects. It considers: • what BOP Agreements are, and why they may be used as part of a disaggregated construction procurement structure • the typical construction contractual arrangements within which BOP Agreements feature • the key provisions in a BOP Agreement • standard form documents that may assist in drafting a BOP Agreement • areas where disputes may arise This note is based on UK wind farm projects, although many of the issues and structures discussed will be applicable to international projects. It assumes the wind farm development will be project financed and includes relevant project financing considerations. In this note, all references to: • Developers—are to the developers of the wind farm project who are typically the project sponsors • Project company—are to the company which is normally set up as a special purpose vehicle, and through which the wind farm is built, financed and operated. Its shareholders are the project sponsors • Lenders—are to lenders