Refine By
Clear all filter
About 92731 results for "*"
NEWS
Arbitration analysis: The Supreme Court of Victoria held that, on an application to appoint an arbitrator under s 11(3)(b) of the Commercial Arbitration Act 2011 (Vic), the court need only be satisfied on a prima facie basis that an arbitration agreement exists. Contested questions concerning formation or validity should ordinarily be determined by the tribunal under the Kompetenz-Kompetenz and separability principles, rather than through jurisdictional mini-trial at the appointment stage. Practitioners resisting appointment should therefore distinguish challenges directed specifically to the arbitration agreement from those concerning the substantive contract and plan any jurisdictional challenge under s 16, while ensuring legacy arbitration clauses contain effective appointment machinery. Produced in partnership with Cameron Ford SC of William Forster Chambers.
GLOSSARY
Trading by a Charity in pursuit of its Charitable Objects, which is permitted and within the general tax exemption for Charities, as distinct from trading undertaken to generate commercial income, not in pursuit of its Charitable Objects, which would be ultra vires and taxable.
GLOSSARY
The minimum level of weekly earnings on which an employed person pays National Insurance contributions. It is the weekly equivalent of the standard personal allowance for income tax.
GLOSSARY
The initial allocation of spectrum by the regulator to the market.
GLOSSARY
Primary authority describes legal sources that have binding force or authoritative status in legal research and argument, as opposed to persuasive or secondary materials. In UK and Irish practice, it is a descriptive term rather than a defined statutory concept, but is widely used in litigation, advisory work and academic commentary.Primary authority typically includes: legislation (Acts of Parliament/Oireachtas, devolved legislation, statutory instruments), constitutional texts, EU law still retained or applicable, and case law from courts whose decisions are binding on the forum court (for example, Supreme Court, Court of Appeal, High Court, Court of Session, Court of Appeal in Northern Ireland, Irish Supreme Court and Court of Appeal).Lawyers rely on primary authority to establish the ratio decidendi, interpret statutes, and demonstrate the current state of the law in submissions, opinions and legal drafting. Usage of the term is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though the hierarchy of courts and specific constitutional sources differ by jurisdiction. Primary authority is contrasted with secondary sources, such as textbooks, articles, Practice Directions and non‑binding guidance.
GLOSSARY
The parent with whom the child or children spend the majority of their time after separation. Now person with care.
GLOSSARY
earnings below which no NICs are payable by either employee or employer
GLOSSARY
Education for pupils from the age of two until they move into secondary education.
GLOSSARY
A primary information provider acts as a regulatory information service or RIS and disseminates information an issuer is required to disclose under the Listing Rules, DTR and articles 17 to 19 of the UK Market Abuse Regulation. The FCA must approve a person to act as a primary information provider under FSMA 2000, s 89 and maintains a list of approved primary information providers on its website.
GLOSSARY
A threat can be made to a primary infringer that is protected from the tort of making unjustified threats of patent infringement.
GLOSSARY
Primary liability refers to the direct legal responsibility of a person or entity for a wrongful act or omission, so that they are themselves liable to the claimant, rather than being liable only because of another’s conduct (as with vicarious or accessory liability). In practice, it is the liability of the main wrongdoer or contracting party, as opposed to someone whose responsibility is secondary, contingent or derivative. The term “primary liability” is descriptive rather than a defined statutory term, but it is widely used across civil, commercial and criminal law in the UK and Ireland, including in contract, tort/delict, misrepresentation, company law and financial regulation. Key issues include identifying who owes the relevant duty, who breached it, and whether any third party (for example, an employer, director, guarantor or accessory) is also liable. Distinguishing primary from secondary or vicarious liability affects available remedies, contribution claims, insurance coverage and limitation analysis. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the supporting doctrines (such as delict in Scots law and specific statutory regimes) may differ.
GLOSSARY
If a transaction occurs in the primary market it relates to a new issue of securities by a company, government or other organisation seeking to raise money.