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GLOSSARY
A dividend that gives a right to participate in the profits of a company and is unrelated to the nominal value (and any premium) of the shares.
PRECEDENTS
Add the following new definitions in Article 2.1: Accounts • means in each financial year of the Company, the audited [consolidated] balance sheet and profit and loss accounts of the Company and its subsidiary undertakings, prepared under the historical cost convention and in accordance with generally accepted accounting principles and all relevant accounting standards, Statements of Standard Accounting Practice, Financial Reporting Standards and Statements of Recommended Practice; After Tax Profit • means the amount of the profit [(including any unrealised profits)] of the Group for the financial year in question (as disclosed by the Accounts): (a) before any provision or reserve shall have been made for or in respect of: i the payment of any dividend or other distribution on or in respect of any Shares or the transfer of any sum to reserves; ii the redemption of the [Preferred Shares OR Loan Notes]; and iii the amortisation or writing-off of goodwill arising on consolidation; and (b) after provision shall have been made for corporation tax on the profits earned by the Group; Participating Dividend • means the dividend payable pursuant to Article 15.1.2; Replace the existing definition ‘Preferred Dividend’ in Article 2.1 with the following: Preferred
GLOSSARY
One of several employers participating in a single occupational pension scheme.
GLOSSARY
A form of preference share where there is a right to a dividend and/or return of capital on a winding up in preference to the ordinary shares. There will also be a right to participate in a further distribution of income or capital if a surplus remains after a dividend and/or return of capital to the ordinary shareholders. The right to participate in surplus profits and capital must be expressly stated.
PRACTICE NOTES
Purpose of participation The purpose of admitting a new employer to participate in an occupational pension scheme is to extend the benefits of that scheme to the relevant employees of the new employer. Reason for participation An employer may wish to participate in a scheme for a number of reasons. For example: • it has recently been acquired by an existing scheme employer • following a business reorganisation employees have transferred to it from another employer that already participates in the scheme • it may wish to change the pensions arrangements available to its employees (for example, an employer closes its defined benefit scheme to new members and wishes to participate in another group defined contribution arrangement), or • it must join a pension scheme for automatic enrolment purposes Who may participate? The provisions of a scheme’s governing documentation will determine who may become a participating employer in any given scheme. Before 6 April 2006, only employers associated with the scheme’s principal employer were permitted
PRECEDENTS
CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY Division [INSERT COURT/LIST/SUB-LIST] BETWEEN [insert full name of claimant] Claimant [[insert full name of second claimant] Second Claimant ] and [insert full name of defendant] Defendant [[insert full name of second defendant] Second Defendant ] _______________________________________ Particulars of claim _______________________________________ 1 The Claimant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Claimant is in the business of, inter alia, [insert brief description of claimant’s business]. 2 The Defendant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Defendant is in the business of, inter alia, [insert brief description of defendant’s business]. 3 The Claimant is the registered proprietor of [United Kingdom patent [insert full patent number, eg GB…] OR European patent (UK) [insert full patent number, eg EP (UK)…] OR entitled [insert title] (the Patent ). 4 The Patent is and has at all material times been valid and in force. It has a priority date of [insert
PRECEDENTS
CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY Division [INSERT COURT/LIST/SUB-LIST] BETWEEN [insert full name of claimant] Claimant [[insert full name of second claimant] Second Claimant ] and [insert full name of defendant] Defendant [[insert full name of second defendant] Second Defendant ] _______________________________________ Particulars of claim _______________________________________ 1 The Claimant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Claimant is in the business of, inter alia, [insert brief description of claimant’s business]. 2 The Defendant is a company incorporated on [insert date] and existing under the law[s] of [insert country/countries] with its registered address at [insert address]. The Defendant is in the business of, inter alia, [insert brief description of defendant’s business]. 3 The Claimant is the registered proprietor of [United Kingdom patent [insert full patent number, eg GB…] OR European patent (UK) [insert full patent number, eg EP (UK)…] OR entitled [insert title] (the Patent ). 4 The Patent is and has at all material times been valid and in force. It has a priority date of [insert
PRECEDENTS
CLAIM No: [insert claim number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY Division [INSERT COURT/LIST/SUB-LIST] Between: [insert full name of claimant] Claimant [[insert full name of second claimant]] [ Second Claimant ] and [insert full name of defendant] First Defendant [[insert full name of second defendant]] [ Second Defendant ] _______________________________________ Particulars of INFRINGEMENT _______________________________________ The following are the Particulars of Infringement of [United Kingdom patent [insert full patent number, eg GB…] OR European patent (UK) [insert full patent number, eg EP (UK)…]] (the Patent) referred to in the Particulars of Claim. The definitions used in the Particulars of Claim are used herein.
GLOSSARY
The statement of case in which the claimant sets out the facts he relies on to establish a cause of action against the defendant.
PRECEDENTS
Case No. [insert number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION [INSERT COURT/LIST/SUB-LIST] Between [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant _____________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________ The Claimant 1 The Claimant is and has at all material times been [insert details of claimant]. The Claimant’s principal business activity is [insert type of business carried out]. In particular, the Claimant [insert brief description of claimant’s business relating to the copyright work or works]. 2 The Claimant is and has at all material times been the owner of the copyright in the [insert details of relevant work] (the Work). 3 Copyright subsists in the Work under section 1 of the Copyright, Designs and Patents Act 1988 as a [insert type of copyright work, for example original literary, dramatic, musical or artistic work]. 4 The Work was created by [the Claimant OR [name of author], an employee of the Claimant during the course of their employment by the Claimant OR [name of author], who assigned copyright in the Work to the Claimant by an assignment dated [insert date], a copy of which is attached at Annex [insert number] ].
PRECEDENTS
Case No. [insert number] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY DIVISION [INSERT COURT/LIST/SUB-LIST] Between [insert full name of claimant]        Claimant and [insert full name of defendant]        Defendant ________________________________________ PARTICULARS OF CLAIM ________________________________________ The Claimant 1 The Claimant is and has at all material times been [insert details of claimant]. The Claimant’s principal business activity is [insert type of business carried out]. In particular, the Claimant [insert brief description of claimant’s business relating to the database]. The Claimant’s Database 2 The database is a collection of independent [works, data or other materials] which are arranged in a systematic or methodical way and are individually accessible by [electronic or other means]. The database consists of data relating to [insert details of relevant database eg description of contents] (the Database). 3 The Database was created by [the Claimant OR [name of maker], [an employee of the Claimant during the course of their employment by the Claimant] ]. 4 In or around [relevant date] the [Claimant OR [name of maker]] made a substantial investment in [obtaining, verifying or presenting the contents of the Database] in that [description of how the contents of the Database were obtained, verified or presented by the
PRECEDENTS
Claim No.: HQ [insert number] IN THE HIGH COURT OF JUSTICE KING’S BENCH DIVISION ROYAL COURTS OF JUSTICE MEDIA AND COMMUNICATIONS LIST Parties: (1) [Insert full name of first claimant] (2) [[Insert full name of second claimant]]        [Claimant OR Claimants] and [Insert full name of defendant]        Defendant ___________________________ Particulars of Claim ___________________________ The [Claimant OR Claimants] 1 The[ First] Claimant is and at all material times has been the [position or nature of work of the First Claimant].[ The First Claimant is [office or position] of the Second Claimant [if second claimant is a corporation]]. 2 [The Second Claimant was incorporated on [date] and carries on business as [set out nature of second claimant’s business or services].] The Defendant 3 The Defendant is a [set out the nature of the defendant’s work or status, including, where appropriate, any relationship to the claimant(s)]. 4 On [insert date] the Defendant published or caused to be published at www.[URL] an article entitled ‘[title of article or heading or description of publication]’ which referred to the [Claimant OR First and Second Claimants] and was defamatory[ of each of them] (‘the [insert label for publication, eg ‘Article’]’). First Publication 5 The Article was[, and continues to be] published and