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GLOSSARY
This is the minimum amount of return that must be achieved for investors before the carried interest partner is entitled to carried interest (on behalf of the executives). The preferred return ensures that the carried interest partner shares in the profits of the partnership only after investments have performed well.
GLOSSARY
Typically, a form of equity capital that pays a fixed dividend and has a higher claim on the company's assets than common stock (ordinary shares), but a lower claim than bonds.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of supplier] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Supplier); and 2 [insert name of customer] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier conducts the business of supplying [insert description] to other businesses. (B) The Customer conducts the business of [insert description]. (C) The parties have agreed that the Supplier shall supply goods to the Customer on the terms and conditions set out in this Agreement. (D) The parties contemplate that the Supplier shall supply the goods to the Customer in a series of supplies over time rather than a single supply. (E) The Supplier is a Preferred Supplier of the Customer. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: [Actual Spend • has the meaning given in clause 6.2;] Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control
NEWS
Life Sciences analysis: Jin Ooi, partner, Jonathan Newman, partner, and Oscar Robinson, associate, at Kirkland & Ellis International LLP discuss inquiry as to damages in pharmaceutical patent disputes in light of the judgments in the Dr Reddy's v Warner-Lambert damages inquiry proceedings.
PRACTICE NOTES
This Practice Note sets out the law regarding discrimination because of pregnancy, pregnancy-related illness and maternity under the Equality Act 2010 (EqA 2010). It examines the definition of the protected period for these purposes, unfavourable treatment, potential problems with the pregnancy and maternity leave discrimination provisions, associative discrimination claims, the meaning of ‘because of’ in this context, the relationship with equality of terms provisions, non-contractual payments and workplace risk assessments for new or expectant mothers. This Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). For guidance on whether judgments of the CJEU are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law. Domestic laws that implement UK obligations under EU law are assimilated law. For further information, see Practice Note: Assimilated law. Discrimination because of pregnancy or pregnancy-related illness EqA 2010 has separate provisions with regard to discrimination against a woman which occurs because of her pregnancy or pregnancy-related illness. These provisions define a period called the 'protected period'. That period begins when the relevant woman’s
GLOSSARY
The concept that a person cannot discriminate against another person on the ground that she is pregnant or has taken maternity leave.
GLOSSARY
Prejudgment interest is interest awarded on a monetary claim for the period before judgment, compensating the claimant for being kept out of their money from the date the loss was suffered (or another relevant date) until the court’s decision. It increases the total judgment sum and can significantly affect litigation risk, settlement valuations and case strategy.In England and Wales, prejudgment interest in civil claims is mainly governed by section 35A of the Senior Courts Act 1981, section 69 of the County Courts Act 1984 and, in contract and commercial matters, by statute or the contract itself (including the Late Payment of Commercial Debts (Interest) Act 1998). The court has discretion over whether to award interest, the rate and the period.In Scotland, comparable awards are usually described as judicial interest, awarded under statute and common law. Northern Ireland has provisions similar to England and Wales, principally in the Judicature (Northern Ireland) Order 1980. In Ireland, prejudgment interest is provided for by the Courts Act 1981 and related legislation. Across all four jurisdictions, it is generally discretionary and distinct from post‑judgment interest.
GLOSSARY
A personal interest becomes a prejudicial interest if it is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest, and which either affects the person or body's financial position or relates to a licensing or regulatory matter.
GLOSSARY
The section of the bills of quantities that summarises the terms of the construction contract and the general services to be provided by the contractor. Often referred to as ‘prelims’. Will include items such as office overheads, temporary works, telephone and electricity and removal of rubbish.
GLOSSARY
In arbitration, a meeting or hearing (in person or by tele/video conference) organised by the arbitral tribunal with the parties (and, usually, their representatives) soon after the tribunal’s constitution, which seeks to discuss and agree the conduct of, and timetable for, the entire arbitration.
GLOSSARY
A preliminary agreement is an agreement that is signed in the early stages of a transaction. Examples are heads of terms, lock-out agreements and confidentiality agreements.
PRACTICE NOTES
The Solicitors Regulation Authority The Solicitors Regulation Authority (SRA) Code of Conduct for Solicitors, RELs and RFLs (the Code) was updated as part of the SRA Standards and Regulations, which replaced the former SRA Handbook. The SRA Code of Conduct for Firms was updated at the same time. The SRA Handbook applied from October 2011 to November 2019. The SRA Standards and Regulations set out the standards and requirements expected by the regulated community, for the benefit of the clients they serve and in the public interest. There are seven mandatory Principles which define the fundamental ethical and professional standards expected of all firms. They are to act: • in a way that upholds the constitutional principle of the rule of law, and the proper administration of justice • in a way that upholds public trust and confidence in the solicitors' profession and in legal services provided by authorised persons • with independence • with honesty • with integrity • in a way that encourages equality, diversity and inclusion, and • in the best interests of each