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NEWS
Praxis has published findings from an independent analysis commissioned by the No Recourse to Public Funds (NRPF) Partnership and conducted by Landman Economics and the Institute for Public Policy Research (IPPR), estimating that the Home Office’s proposed ‘earned settlement’ rules could leave up to 90,000 children of migrant workers in poverty by 2029. It finds that extending settlement routes would prolong poverty among working migrant families already in the UK, particularly affecting the children of senior care workers.
Q&As
The Finance Act 1986 (FA 1986) introduced a regime whereby, on or after 28 March 1986, an individual disposed of a property by way of a gift, but the donee does not assume bona fide possession or is not enjoyed to the entire exclusion of the donor, within the 'relevant period', being the period of seven years prior to the death of the donor. Where those conditions apply, the gift is treated as property subject to a reservation. The result of this provision is that the gift is not treated as a potentially exempt transfer (PET) but rather falls within the donor’s estate for the purposes of inheritance tax. The policy behind the provision was to prevent sham gifts of property so
PRACTICE NOTES
ARCHIVED: This archived Practice Note provides a working guide to the practicalities of prosecuting/defending investigations and prosecutions under the law of corruption that existed in the UK before the Bribery Act 2010 (BA 2010) came into force (pre-BA 2010 regime) by addressing the following topics: the practicalities of charging offences of bribery at common law (ie under the statutory provisions, the selection of charges (for conduct spanning the two regimes) and cases defining the concepts of public body, the requirement of a corrupting mind, the presumption of corruption and human rights implications of this). It also examines the requirements of corruption and secrecy and it addresses what companies can do to minimise historic exposure to prosecution for these offences. This Practice Note considers the following: • the offence of bribery at common law • the Public Bodies Corrupt Practices Act 1889 (PBCPA 1889) • the Prevention of Corruption Act 1906 (PCA 1906), and • the Prevention of Corruption Act 1916 (PCA 1916) For details on the relevant legal provisions, ongoing liability, territorial reach and penalties and sentencing
PRECEDENTS
ARCHIVED: THIS PRECEDENT IS BASED ON THE PART 36 PROVISIONS IN FORCE PRIOR TO 1 APRIL 2013. IT IS THEREFORE FOR HISTORICAL PURPOSES ONLY. [insert name and address of defendant or defendant's legal representative] [insert date] Without prejudice—save as to costs Dear [insert organisation name] [Pre-action] Part 36 offer [Claimant v Defendant —Case number] We refer to the above [potential] matter in which we act for [insert name of your client]. [Our client is confident that it is entitled [to the full damages sought] but because [insert explanation as appropriate] we have been instructed to put forward an offer under Part 36 of the CPR (‘the Offer’). For the avoidance of doubt, the Offer is intended to have the consequences set out in Part 36. OR Our client wishes to seek to resolve this matter amicably and we have been instructed to put forward an offer under Part 36 of the CPR (‘the Offer’). For the avoidance of doubt, the Offer is intended to have the consequences set out in Part 36. OR [Our client is aware of the requirements of the Civil
PRECEDENTS
ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only. Private & confidential [insert name and address of client] [insert date] Dear [insert name of your client ] [insert the case heading/description of the case if pre-action] Settlement offers (Part 36 offer) We have been considering the possibility of settlement in this matter and the different mechanisms available to achieve this. [You will recall that one of those methods was a Part 36 offer. The purpose of this letter is to explain in more detail the potential advantages and disadvantages of such an offer]. What is a Part 36 offer? A Part 36 offer is a written offer made to the defendant to settle matters in dispute. It can deal with all of the claim, part of it or specific issues. It is therefore possible to tailor it to deal as effectively as possible with the dispute. A Part 36 offer is confidential and the trial judge will not be informed
PRECEDENTS
ARCHIVED: This precedent is based on the part 36 provisions in force prior to 1 april 2013. It is therefore for historical purposes only. Private & confidential [insert name and address of addressee] [insert date] Dear [insert name of client – Defendant] [insert case heading] As we discussed [insert when you had the discussion, ] I have received a Part 36 settlement offer from [insert name of claimant], a copy of which is enclosed. To help you decide whether to accept the offer I have explained what a Part 36 offer is, what the claimant has offered you and the consequences of accepting or rejecting this offer. [I am of course very happy to talk you through the issues again if that would be helpful.] I would note that the existence of, and any details regarding, this offer will not be made known to the court until the claim is concluded and so it will not affect the outcome at trial. Where the offer may be relevant is in relation
PRACTICE NOTES
NOTE: THIS PRACTICE NOTE IS FOR HISTORICAL REFERENCE ONLY. ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note discusses the determination of applications where the court has decided that it is appropriate to dispose of the application without a hearing (also known as determination on the papers) under the rules as they were prior to 1 October 2023. For guidance on determination of applications on the papers under the rules as they are from 1 October 2023, see Practice Note: Determination of an application without a hearing (on the papers). For general guidance on making applications, see Practice Note: How to make an application for a court order (CPR 23). Preparation for a paper determination Where the court agrees that an application is suitable for determination on the papers pursuant to CPR 23.8: • it will inform the applicant and respondent that the matter will be determined on the papers (CPR PD 23A, para 2.4) • it may give directions for the filing of
PRACTICE NOTES
ARCHIVED: This archived tracker displays the responses made to key pensions consultations (both formal and informal) that were published by the UK government and other bodies before 2025. For information on key pensions consultations (both formal and informal) conducted since that date by the Department for Work and Pensions (DWP), the Pensions Regulator, the Financial Conduct Authority (FCA), HM Treasury, HM Revenue and Customs (HMRC) and other pensions bodies, see Practice Note: Consultation tracker—pensions. Consultation response Summary Further information PSIG Future Strategy ConsultationConsultation period: 1 May 2024 to 31 July 2024Response published: 20 December 2024 Between 1 May 2024 and 31 July 2024 the Pensions Scams Industry Group (PSIG) ran an industry wide consultation to determine the future of the organisation. The consultation was aimed at pensions trustees, advisers and administrators as well as anyone else with an interest in protecting pension scheme members from scams. The objective was to understand the views of relevant stakeholders as to the value provided by PSIG, its possible future direction and how this could be achieved.The consultation
PRECEDENTS
ARCHIVED [insert name and address of defendant or defendant's legal representative] [insert date] Without prejudice—save as to costs Dear [insert organisation name] [Pre-action] Part 36 offer [Claimant v Defendant —Case number] We refer to the above [potential] matter in which we act for [insert name of your client]. [Our client is confident that it is entitled [insert brief nature/details of dispute] but because [insert explanation as appropriate] we have been instructed to put forward an offer under Part 36 of the CPR (‘the Offer’). For the avoidance of doubt, the Offer is intended to have the consequences set out in Section I of Part 36. OR Our client wishes to seek to resolve this matter amicably and we have been instructed to put forward an offer under Part 36 of the CPR (‘the Offer’). For the avoidance of doubt, the Offer is intended to have the consequences set out in Section I of Part 36. OR Our client is aware of the requirements of the Civil Procedure Rules for parties to seek to settle their disputes
PRECEDENTS
ARCHIVED: [insert name and address of claimant’s legal representative] [insert date] Without prejudice save as to costs Dear [insert organisation name] [Pre-action] Part 36 offer [Claimant v Defendant[—Case number]] We refer to the above [potential] matter in which we act for [insert name of your client]. [Our client is confident that your client’s claim is unsustainable OR Our client wishes to seek to resolve this matter amicably OR Our client is aware of the requirements of the Civil Procedure Rules for parties to seek to settle their disputes] and we have been instructed to put forward an offer under Part 36 of the CPR ('the Offer'). For the avoidance of doubt, the Offer is intended to have the consequences set out in Section I of Part 36. [In particular, our client will be liable for your client’s costs up to the date of notice
PRECEDENTS
Private & confidential [insert name and address of addressee (client)] Date: [insert date] ARCHIVED: This Precedent has been archived and is not maintained. Dear [insert name of client—claimant] [insert case heading] As we discussed I have received a 'Part 36 offer' settlement offer from [insert name of defendant [s]], a copy of which is enclosed. The purpose of this letter is to help you decide whether to accept the offer and so I have explained what a Part 36 offer is, what the defendant has offered you and the consequences of accepting or rejecting this offer. Part 36 offer A Part 36 offer is an offer of settlement. The name 'Part 36' comes from Part 36 of the Civil Procedure Rules which govern this type of settlement offer. A Part 36 offer can be made before proceedings have been issued or at any time during the proceedings up to the trial. It is made on the basis that the trial judge cannot be told about it before giving judgment;
PRECEDENTS
ARCHIVED: Private & confidential [insert name and address of client] [insert date] Dear [insert name of client] [insert case heading/description of the case if pre-action] Settlement offers (Part 36 offer) We have been considering the possibility of settlement in this matter and the different mechanisms available to achieve this. [You will recall that] one of those methods was a Part 36 offer. The purpose of this letter is to explain in more detail the potential advantages and disadvantages of such an offer. What is a Part 36 offer? A Part 36 offer is a written offer made by a party in an attempt to settle the matters in dispute. The name ‘Part 36’ comes from Part 36 of the Civil Procedure Rules which govern this type of settlement offer. It can deal with all of the claim, part of it or specific issues. It is therefore possible to tailor it to deal as effectively as possible with the dispute. A Part 36 offer is confidential and the trial judge will not