Dispute Resolution analysis: The court held that a defendant that did not consent to a settlement of a claimant’s damages claim by a co-defendant and that did not pay any damages to the claimant was nevertheless still liable to pay the claimant’s costs of pursuing it. The court retained a wide discretion in making a costs order and in the absence of a determination of which party had been successful, was entitled to take into account evidence and the material before it in ordering a non-contributing defendant to pay the claimant’s costs. The parties had consented to the court adopting a summary process that was necessarily broad-brush and just because a different judge may have decided the issue differently it did not mean that this judge was wrong. Written by Jon Lord, associate, at Weightmans LLP.

This Practice Note discusses, with reference in particular to the Court of Appeal judgment in Jafri, the ways in which the Employment Appeal Tribunal (EAT) can dispose of an appeal: it can dismiss the appeal, allow it and remit it (either to the same or a fresh employment tribunal), or allow it and substitute a different decision. It explains that at the remitted hearing the employment tribunal can only deal with the issues remitted to it (plus any relating to the tribunal’s jurisdiction), and that remission renders the first tribunal’s decision on those issues null and void. The EAT can dispose of an appeal by ordering that: • the appeal be dismissed • the appeal be allowed and the case remitted, either to the same employment tribunal or a fresh tribunal • the appeal be allowed and a different decision substituted by the EAT Failure by employment tribunal to make necessary findings Where an employment tribunal's judgment fails to deal with an issue at all or in part, and/or has failed to give any

This Practice Note details the requirements for an application for an order to obtain information from a judgment debtor, formerly known as an 'oral examination', including the criteria for such an order, procedure, hearing provisions and action that can be taken if the debtor fails to comply. Such an order is an aid to enforcement rather than an enforcement method. A problem for practitioners considering enforcement action can be a lack of information about the extent of a respondent's (debtor's) assets or income. One option is to apply for an order that the debtor be 'orally examined' about their income, assets and liabilities. The old terminology of ‘oral examination’ was replaced by applications for orders to obtain information from judgment debtors ('information hearings'), since the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 33.23 imported the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 71 into family proceedings (with modifications). Note that an information hearing is only an aid to enforcement, as opposed to a method of enforcement. It may result in costs savings

Dispute Resolution analysis: The Court of Appeal held that it does not have jurisdiction to hear an appeal against an order, made under CPR 52.4(3), that the person seeking permission to appeal may not request that the decision in the permission application be reconsidered at an oral hearing. A judge may make such an order where he has refused permission to appeal without an oral hearing and considers that the application is totally without merit. The Court of Appeal held that an order under CPR 52.4(3) is an integral part of the order refusing permission to appeal, and therefore section 54(4) of the Access to Justice Act 1999 (AJA 1999), (which bars any appeal from the grant or refusal of permission to appeal) bars any appeal against it to the Court of Appeal. Written by Kristina Lukacova, barrister at Monckton Chambers.

Restructuring & Insolvency analysis: In the trial of a bankruptcy petition presented against HRH Prince Hussam Bin Saud Bin Abdulaziz Al worth c.$1.2bn, the court held that that it did not have jurisdiction to make a bankruptcy order as (having regard to Prince Hussam’s ‘pattern of life’)the court was not satisfied that he had a place of residence in England and Wales for the purposes of section 265(2)(b)(i) of the Insolvency Act 1986 (IA 1986). Written by Hugh Rowan, barrister at Tanfield Chambers.

Civil justice reform: see Practice Note: Civil justice reform in Scotland—virtual hearings and electronic submission of documents for guidance on the current rules and practice in the Scottish civil courts in relation to virtual hearings and the electronic signing, transmission and lodging of documents. In particular, the Act of Sederunt (Electronic Signature and Electronic Transmission of Documents) 2025, SSI 2025/302 came into force on 1 December 2025, making permanent the rules on electronic signatures and electronic transmission/lodging of documents which were introduced during the coronavirus (COVID-19) pandemic. This Practice Note offers practical and procedural guidance on ordinary actions proceeding in the Court of Session. For information on: • substantive and procedural matters that should be considered before commencing a civil action in the Scottish courts, including the jurisdiction of the Court of Session, see Practice Note: Starting a civil claim in Scotland • the role of the Court of Session, how it is constituted and the binding nature of its judgments, see Practice Note: Civil court structure

Matters undertaken at the general meeting (particularly the AGM) of a company. Since the overhaul of the Listing Rules from 1 July 2005, the term 'ordinary business' is used without specific definition. Under previous editions of the Listing Rules an exhaustive list of resolutions considered to be 'ordinary business' at the AGM of a listed company were set out, including matters such as receiving or adopting accounts, and declaring a dividend. Instead the FCA expects the term to cover any resolution that companies would regularly seek approval for at their AGMs. Listed companies must make their own judgements about what they would consider to be ordinary business, with reference to their articles of association which may make a distinction between ordinary and special business.

Normal business operations.

A profit forecast published by the offeree or a securities exchange offeror in accordance with its established practice and as part of the ordinary course of its communications with its shareholders and the market. Such forecasts are covered by Rule 28, and specifically referred to in Note 2 to Rule 28.1.

Formerly known as co-decision and renamed by the Treaty of Lisbon this is the commonly used law making procedure by which the Parliament and Council of the EU approve new EU secondary legislation.

A legal document enabling the donor to appoint one or more attorney or donee to make decisions on their behalf in respect of their property and financial affairs. An ordinary power of attorney will be automatically revoked by the mental incapacity of the donor and is distinguishable from an EPA or a financial LPA in this respect.

An ordinary power of attorney is a basic document that gives the attorney the power to deal with the donor’s financial affairs. It can be as wide reaching or as limited as the donor wishes. While some practitioners distinguish between a general or limited power of attorney as distinct types of ordinary powers of attorney, the term 'general power of attorney' is now often used to mean 'ordinary power of attorney'. An ordinary power of attorney will be automatically revoked by the mental incapacity of the donor and is distinguishable from an enduring power of attorney or a lasting power of attorney (LPA) in this respect. Powers of attorney are a form of agency but they differ from conventional commercial agencies in that they confirm to a third party that the attorney has power and the extent of that power, rather than governing the relationship between the principal and agent. Ordinary powers of attorney are governed by the Powers of Attorney Act 1971 (PAA 1971) as to, for instance, their execution and revocability. However,