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GLOSSARY
The unit of radioactive decay equal to 1 disintegration per second. 37 billion (3.7 x 1010) becquerels = 1 curie (Ci). The Becquerel is named after Henri Becquerel, who shared a Nobel Prize with Pierre and Marie Curie for their work in discovering radioactivity. See REM and Sievert for comparison.
GLOSSARY
An application by the personal representatives for directions from the court as to whether they should defend or pursue proceedings on behalf of the estate.
PRACTICE NOTES
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best way of ensuring that costs will be met from the trust fund in appropriate cases. A trustee enjoys a right of indemnity at law but where appropriate, prudent trustees should consider making a Beddoe application to the court seeking permission to bring or defend their litigation. These applications are named after the case Re Beddoe where Lindley LJ held at para [557]: ‘a trustee who, without the sanction of the court, commences an action or defends an action, unsuccessfully, does so at his own risk as regards the costs, even if he acts on counsel’s opinion’. This Practice Note details when trustees should make a Beddoe application, how such applications are made in practice, how they differ from related alternative costs applications and the risks involved in continuing litigation without the protection of a Beddoe order. The High Court has jurisdiction to provide trustees with directions. The
Q&As
Voluntary administration If the shareholders want to have the directors and the affairs of the company investigated and are considering an audit for this reason it is suggested that an audit would not be the best option now that the company is in administration even if an audit could be ordered. Auditors do not investigate the actions of the directors. The role of the administrator is to act in the best interests of the creditors and the administrator does not work for the directors. The administrator is an officer of the court under Schedule B1, paragraph 5 of the Insolvency Act 1986 (IA 1986) and has a statutory responsibility to investigate the affairs of the company and the
Q&As
An interim injunction based on a claim that has either been issued or will be issued in due course may be made at any time, including before proceedings are started (CPR 25.2(3)). As such, interim injunctions are inextricably linked with underlying claim(s). In this case, there has been a court hearing to deal with the defendant’s injunction application and the court may have considered the issue of costs and provided an indication as to how they should be dealt with. The court may have made a costs order at the time, eg through summary assessment or making an order for costs in the case. The work for the first injunction you refer to would fall squarely within the pre-action
CHECKLISTS
This Checklist sets out the issues to consider prior to agreeing to or commencing witness conferencing (also known as 'hot-tubbing') in arbitration: • How much advance warning have you had? To have a fair opportunity to present its case, counsel should fully agree the basic rules for witness conferencing with the arbitral tribunal well in advance of the hearing. Tribunals can sometimes suggest witness conferencing once the hearing has already begun and parties will feel under pressure to accept. Counsel should carefully consider the implications it may have in terms of procedural fairness and ensure that clients are completely comfortable with proposals
Q&As
Section 4(1) of the Inheritance Tax Act 1984 (IHTA 1984) provides: ‘On the death of any person tax shall be charged as if, immediately before his death, he had made a transfer of value and the value transferred by it had been equal to the value of his estate immediately before his death.’ IHTA 1984, s 5 defines ‘estate’ and includes the following provisions: ‘…(3) In determining the value of a person’s estate at any time his liabilities at that time shall be taken into account, except as otherwise provided by IHTA 1984… (5) Except in
GLOSSARY
Insurance taken out before the occurrence of accidents, diseases or other events.
GLOSSARY
A type of advertising in that information is collected on users’ web-browsing behaviour, such as pages visited or searches completed in order to develop targeted online advertising.
GLOSSARY
People make investment decisions, and markets move, not always according to strict logic, but according to the way people behave (eg in investment bubbles). A study of behavioural finance can offer understandings as to how markets move.
PRECEDENTS
This document provides general guidance regarding some of the key responsibilities in being a trustee. Your specialist Private Client practitioner will be able to provide tailored advice based on the circumstances of your case. What is a trustee? A trustee is an important role. By agreeing to act as a trustee you have an obligation to administer the trust in accordance with the trust document. The trust was established by the settlor, who transferred the trust asset(s) to the trustees to look after in accordance with the terms of the trust. There will usually be more than one trustee or a trust corporation. The trust document sets out the terms of the trust and the powers and duties of the trustees. Statutory provisions also apply to the operation of the trust. The letter of wishes (if there is one) sets out the wishes of the settlor, but it is not legally binding. The beneficiaries are the people who will benefit from the trust funds. Trustees duties The trustees are subject to various
PRACTICE NOTES
This Practice Note offers practical guidance and tips for in-house lawyers on how to effectively manage and allocate their time. It identifies key factors that contribute to ineffective time management and suggests practical solutions. One of the factors attracting lawyers to move in-house can be the delight of discarding time sheets and no longer having the pressure of meeting chargeable hour targets. The reality is that in-house lawyers should be accountable for what they do and how much time they spend doing it. This does not mean that you need to time record as such, except perhaps to validate on occasions that your perception of how you are spending your time is realistic. Clear objectives The starting point is to make sure that the objectives you agree with your manager set out clear expectations of business support (client care), professional and skills development and collegial interaction: Business support Professional and skills development Collegial interaction Identify the parts of the business for which are you the first point of contact. Identify areas of legal development