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GLOSSARY
The precautionary principle is set out in Article 191 TFEU. The precautionary principle may be invoked when a phenomenon, product or process may have a dangerous effect, identified by a scientific and objective evaluation, and when this evaluation does not allow the risk to be determined with sufficient certainty. Once more scientific information becomes available, the situation should be reviewed. The precautionary principle is designed to assist with decision-making under uncertainty and is a core principle of environmental law, as well as the general regulation on food law (Regulation (EC) No 178/2002).
GLOSSARY
Principle of EU law according to which EU law is superior to the national laws of the Member States.
PRECEDENTS
[insert name of pension scheme] PENSION SCHEME REQUEST FOR TRANSFER OF BENEFITS TO A UK PENSION SCHEME Name: __________________________________ Date of Birth: __________________________________ Membership Number: ___________________________ National Insurance Number: _____________________ Company Name: ______________________________ Address: ______________________________________ Date of Joining the Scheme: _______________________ Date of Leaving: ________________________________ To the Trustees of the [insert name of scheme] Pension Scheme (the ‘Scheme’). I hold benefits in the Scheme and I wish to apply to transfer the value of those benefits from the Scheme as set out below. This includes any benefits which would be payable from the Scheme to my dependants or beneficiaries in the event of my death. I confirm that I have received a statement of entitlement in respect of my benefits in the Scheme which shows the cash equivalent transfer value (CETV) of my benefits as at my guarantee date. I wish to transfer my benefits to the following Receiving Arrangement(s): Name of Receiving Arrangement:___________________________________ Address of Receiving Arrangement:___________________________________ HMRC Registration Number:_______________________________________ DECLARATIONS Decision to transfer out • The decision I have made to transfer my benefits to the Receiving Arrangement
PRECEDENTS
A costs budget must be in the form of Precedent H annexed to CPR PD 3D unless the court orders otherwise. It must also be in a landscape format with an easily legible typeface. These requirements are set out in CPR PD 3D, para 4(a). The court can direct that in a substantial case, costs budgets are limited initially to certain parts of the proceedings and later extended to cover all of the proceedings (CPR 3.13(4)). However, this is for the court to direct
PRECEDENTS
Schedule of cost precedents—Precedent L Order on Client’s Application for Detailed Assessment of Solicitor's Bill DATED the [DATE] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S BENCH DIVISION] ] [Insert
PRECEDENTS
Schedule of costs precedents—Precedent M Order on Solicitor’s Application for Assessment Under the Solicitor’s Act 1974 Part III DATED the [DATE] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [ [BUSINESS AND PROPERTY DIVISION OR KING’S
PRECEDENTS
Precedent R is a costs precedent. There is no formal requirement to use Precedent R but
Q&As
To date, we have yet to receive a response from the CPR Committee (CPRC) to our request for clarification as to the approach that should be taken in completing Precedent T when seeking a variation of a costs budget where that variation includes incurred costs. CPR PD 3E was substantially updated, with effect from 1 October 2020, by the Civil Procedure (Amendment No 3) Rules 2020, SI 2020/747. Among other things, a new Precedent T was introduced for the purpose of variation of a budget pursuant to CPR 3.15A. This rule provides that a party must revise its budgeted costs upwards or downwards if significant developments in the litigation warrant such revisions (CPR 3.15A(1)) and any revised budget must be submitted promptly by the revising party to the other parties for agreement
PRECEDENTS
Precedent T is a costs precedent that came into use on 1 October 2020. It is to be used when seeking agreement from other parties to proposed revisions to a costs
PRECEDENTS
Archived: The ability to offer tax-favoured employee shareholder shares or ESS (commonly used in private equity company arrangements) has now been removed. The government announced in the Autumn Statement 2016, the removal of the following reliefs in relation to ESS shares: • the income tax and NICs relief which applies to the first £2,000 worth of employee shareholder shares received by an individual • the capital gains tax exemption in respect of all or a portion of the ESS shares, and • the provision which ensures that, when a company buys employee shareholder shares back from an employee shareholder, the consideration is not a distribution in the shareholder’s hands The removal of the reliefs applies to any employer shareholder agreements made on or after 1 December 2016. However, any individual who received independent advice regarding entering into an employer shareholder agreement before 23 November 2016 still had the opportunity to enter into the agreement before 1 December 2016 and still receive the beneficial income and CGT tax advantages. Similarly, any individual who received independent
PRECEDENTS
DATE [insert date] Parties 1 [insert name] of [insert address] [incorporated in England and Wales with company registration number [insert number]] (the ‘Surety’) 2 [insert name] of [insert address] (the ‘Council’) 1 Definitions 1980 Act • the Highways Act 1980 Bond • this bond agreement in the amount of the Bond Sum Bond Sum • the sum of [insert bond sum specified in the Highway Agreement or agreed with the Council] Default Notice • a written notice served by the Council on the Surety under clause 5.2 of this Bond certifying that the Developer has failed to carry out and/or complete the Works in accordance with the terms of the Highway Agreement, and specifying the sum of money that is, in the [Council’s] opinion, required to carry out and complete the Works in accordance with the terms of the Highway Agreement and/or to remedy any defects or default of the Developer in the carrying out and completion of those works Developer • [insert name of Developer] Highway Agreement • the agreement between the Developer[, [insert any other parties]] and the Council, dated [insert date], pursuant to section [278 OR 38] of the 1980 Act Working Day • any day other than Saturday, Sunday and any bank or public
PRECEDENTS
This Agreement is made on [date] BETWEEN 1 [Council] whose principal place of business is [address] (the Council); 2 [Developer] whose registered office is [address] (the Developer); and 3 [the Guarantor] whose registered office is [address] (the Guarantor). BACKGROUND (A) The Council is the local authority for the area within which the Site is situated. (B) The Council and the Developer are intending to develop the Site. (C) The Council and Developer have been seeking to acquire the land and/or rights needed to develop the Site but have not been able to secure all the land and/or rights required. (D) On [ ] the Council’s [Executive Committee] resolved to progress the steps required to prepare for the making and serving of the compulsory purchase order(s) (CPO)(s) in order to ensure that the Site can be developed which included entering into an agreement to ensure the Developer indemnifies the Council in relation to [all costs and liabilities associated with the CPO OR the costs associated with the preparation and promotion of the CPO] (E) The Council