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PRACTICE NOTES
ARCHIVED: This archived Practice Note sets out the guidance in Practice Notice by the Senior Costs Judge—Hearings and Detailed assessments in the Senior Courts Costs Office. It explains how hearings and detailed assessments are dealt with in the Senior Courts Costs Office (SCCO). It is not maintained and is for background information only. It makes it clear that due to the hard work of the court staff, together with practitioners willingness to adapt, very few costs hearings in the SCCO have had to be adjourned during the current pandemic. The purpose of the judicial Practice Note is to put in place clear guidance as to how hearings and detailed assessments will be conducted in the SCCO. This Practice Note sets out the different issues covered in the judicial Practice Note and provides links through to useful underlying guidance. NOTE: CPR PD 51O has been revoked but this guidance note for detailed assessment has not yet been updated to reflect this position. CPR PD 5C (CE-File electronic filing and case management
CHECKLISTS
Remote execution of documents has become increasingly popular. This Checklist of resources sets out some of the considerations for remote execution of documents when parties are not able to meet in person. Key commercial resources We have produced a collection that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including information relating to remote execution. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution collection. This Checklist considers remote execution from a general commercial perspective only and assumes that the agreements are subject to English law. For general information and guidance relating to execution, see: Execution—overview. For more specific guidance on execution requirements in other Practice Areas please check that Practice Area’s content. The Law Society has also brought together a variety of established guidance on execution of documents by virtual means, execution of documents using electronic signatures, its ‘Tips on how to operate in practice’ in relation to virtual execution and the use of e-signatures and
NEWS
The Insolvency Service has published its monthly insolvency statistics for May 2024 on company and individual insolvencies. The data shows that 2,006 company insolvencies were registered, 21% lower than in May 2023 and higher than during the coronavirus (COVID-19) pandemic and between 2014 and 2019. For individuals, the total number of insolvencies in May 2024 was 9,266, 3% higher than in May 2023.
PRACTICE NOTES
Workers in Great Britain (GB) have a statutory entitlement to 5.6 weeks of paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It is important to recognise at the outset that this comprises two elements: • a basic entitlement to four weeks’ paid annual leave (sometimes referred to as ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and • an additional entitlement to 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Separate provisions apply for irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For more information, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic entitlement represents the UK’s implementation of the four week minimum amount of paid annual leave required under EU law, namely under Article 7 of Directive 2003/88/EC, the Working Time Directive (WTD). The additional
Q&As
This Q&A has been produced in partnership with Harry Spurr of IPOS Mediation. While the coronavirus (COVID-19) ‘lockdown’ has suffocated activity in many areas of normal life, those charged with responsibility for the authoring and publication of ‘guidance’ have been busier than ever. Not to be outdone, the mediation industry has been hard at work producing its own advice on remote mediation, and there is no shortage
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. This Practice Note considers what a respondent should do upon receiving a Request for Arbitration under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules). It also refers to the guidance in the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note). References in this Practice Note to articles of and appendices to the ICC Arbitration Rules are to the 2017 ICC Rules unless otherwise indicated. The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017 (unless the parties expressly agree that an earlier version of the ICC Rules will apply, which is unlikely). The 2017 ICC Rules include: • an expedited procedure which automatically applies where the arbitration agreement is entered into
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. CORONAVIRUS (COVID-19): Many arbitral organisations have responded to the coronavirus pandemic with practical guidance and/or changes to their usual procedures and ways of working. This Practice Note considers the provisions regarding evidence in arbitration proceedings under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules). It also refers to the guidance in the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note). References in this Practice Note to articles of and appendices to the ICC Arbitration Rules are to the 2017 ICC Rules unless otherwise indicated. The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement (which is unlikely). The 2017 ICC Rules include: • an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March
NEWS
Law360: Claimants pursuing legal action against the UK tax authority in England and Wales will continue to be able to serve documents by email, HM Revenue and Customs (HMRC) said on 18 March 2024, making the process it introduced during the coronavirus (COVID-19) pandemic permanent.
PRECEDENTS
Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during the Term in which a Pandemic Restriction applies; Pandemic Restriction • any Legislation, or any requirement
PRECEDENTS
Definitions (General) Competent Authority • any authority having jurisdiction in relation to the Property, its occupation or use; Restricted Period • any period [exceeding [number] [continuous] weeks] during
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Tier 1 (Entrepreneur) category was designed for people who wanted to join an existing UK business or establish their own business in the UK. The rules for this visa category are contained in paragraphs 245D–245DF of Part 6A of the Immigration Rules and paragraphs 35–53 of Appendix A of the Immigration Rules. The relevant rules relating to the English language and maintenance requirements are contained in paragraphs 1–15 of Appendix B and paragraphs 1A–3 of Appendix C respectively. The Home Office policy guidance can be viewed at Guidance on application for UK visa as Tier 1 (Entrepreneur). Who is eligible? This category closed to new applicants on 29 March 2019 although dependants can still apply to join a main applicant who has been granted leave as a Tier 1 (Entrepreneur). Extension applications for existing Tier 1 (Entrepreneur) migrants remained open until 5 April 2023 and applications for settlement (permanent residency also known as Indefinite
NEWS
The Ministry of Justice (MoJ) has published data on deaths reported to coroners in 2020 in England and Wales. As the dataset spans the coronavirus (COVID-19) pandemic, the MoJ warns that caution should be exercised when comparing the statistics to those from previous years as the Coronavirus Act 2020 introduced temporary easements to death management and affected the way deaths have been reported to coroners. The data shows that, in 2020, the number of deaths reported was lowest since 1995, deaths in state detention were up by 18% as compared to 2019, 7% more inquests opened, and 34% of all registered deaths were reported to coroners. In addition, it has taken on average 27 weeks to complete and inquest, while 30,900 inquest conclusions were recorded, amounting to a 1% decrease from 2019.