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PRACTICE NOTES
ARCHIVED: One of the difficulties for dispute resolution practitioners is keeping up to date with developments in case law that affect their practice area, or, which impact civil litigation procedure generally. This Practice Note summarises the key appeal cases (ie decisions of the Court of Appeal and Supreme Court, and, where relevant, some judgments of the Court of Justice of the European Union (CJEU)), which we have reported on, allowing users ease of access in finding those decisions, see: Key civil litigation appeals in review—2020. This content can be browsed through the table of contents in the left margin. Alternatively, this tracker can be searched using [CTRL]+[F]. In addition, this Practice Note covers a selection of forthcoming appeals, where known, to assist in horizon scanning. This content is not intended to provide an exhaustive list of all appeals and/or key decisions relevant to dispute resolution practitioners. Note: in relation to anonymity of natural litigants where a reference for a preliminary ruling is made to the CJEU, guidance released by the CJEU states: ‘In
CNS
GLOSSARY
1 Civil Nuclear Security: Formerly the OCNS, now part of the Office of Nuclear Regulation (ONR). 2 Capenhurst Nuclear Services: A wholly owned subsidiary of Urenco UK Limited which runs the former Sellafield Limited part of the Capenhurst site under contract from NDA.
GLOSSARY
The facility offered to customers which allows them to opt for certain defined classes of call to be carried by a communications provider selected in advance (and having a contract with the customer), without having to dial a routing prefix or follow any other different procedure to invoke such routing.
GLOSSARY
A consumer is a person acting outside the context of a trade, business or profession, but the definition takes different meanings depending on the context in which it is used. Therefore it is important to check the relevant law or regulation such as the Consumer Rights Act 2015 (CRA 2015), the Unfair Contract Terms Act 1977, the Sale of Goods Act 1979.
GLOSSARY
A regulated activity whereby an individual decides to opt-out or decline to join a final salary or money-purchase occupational pension scheme of which they are a current member or which they are, or at the end of the waiting period will become, eligible to join in favour of an individual pension contract
GLOSSARY
The principal constitutional document of a company, dealing with management and administration issues, most notably powers of directors, transfer and issue of shares, and board and member meetings. The articles form the fundamental contract between the company and the shareholders and must be available for public inspection at Companies House.
GLOSSARY
Payments of income withdrawals direct from a money purchase arrangement, or income paid from a dependants' short-term annuity contract purchased from such an arrangement, to a dependant (who is aged under 75) of the scheme member who established the arrangement and that meets the conditions laid down in the Finance Act 2004.
GLOSSARY
The Contracts for Difference (CfD) scheme is the primary mechanism for supporting low-carbon electricity generation in the UK, via a private law contract between a low carbon electricity generator and the Low Carbon Contracts Company (LCCC), which provides long term revenue stabilisation for low carbon generation.
GLOSSARY
Browsewrap is a way of entering into a contract with a customer online and relies on the customer's acceptance of a warning that mere continuation to view the site amounts to acceptance of the site's terms after warning has been given.
GLOSSARY
A regulated mechanism to provide owners of small scale renewable installations in GB with a guaranteed contract for selling surplus electricity. Yet to be introduced, secondary legislation will be made will be made under Energy Act 2008, s 43; a financial incentives scheme ‘to encourage small-scale low-carbon generation of electricity’.
GLOSSARY
On a project where some of the work is sub-contracted, the main contractor (sometimes referred to also the head contractor) is the party which enters into a contract with the employer and is ultimately responsible for carrying out the works. The main contractor then sub-contracts some or all of the works to its sub-contractors.
GLOSSARY
The practice, under a framework agreement, of instructing specific works to be carried out. Depending on the structure and terms of the framework agreement, call-off may require a contract to be entered into or may just require a call off notice to be given by the instructing party.