Refine By
Clear all filter
About 92768 results for "*"
PRACTICE NOTES
These training materials consist of template PowerPoint slides that can be used as the basis of one or more training seminars in relation to providing legal opinions in loan transactions. It is anticipated that those providing training will use these slides as a helpful starting point for their presentations and then amend them accordingly to reflect their particular circumstances. In addition to these slides, a large amount of detail
PRACTICE NOTES
This Practice Note considers the way in which employers should provide toilet, washing and changing facilities to their workforce and/or where facilities are shared with clients or customers, given the legal and other considerations that apply, in particular: • the requirements on employers imposed by the Health and Safety at Work etc Act 1974 (HSWA 1974) and the Workplace (Health, Safety and Welfare) Regulations 1992 (W(HSW) Regs 1992), SI 1992/3004 • the requirements of Part T of Schedule 1 to the Building Regulations 2010 (Building Regs 2010), SI 2010/2214 for toilet accommodation • sex, gender reassignment and disability discrimination issues under the Equality Act 2010 (EqA 2010), the implications of the Supreme Court decision in For Women Scotland (FWS2), and the Equality and Human Rights Commission (EHRC) statutory Code of Practice for services, public functions and associations (Code of Practice for services etc), in force from 5 August 2026 Consideration should also be given to the term of trust and confidence, and the risk of constructive dismissal claims
PRACTICE NOTES
Evidence of a defendant's bad character The Criminal Justice Act 2003 (CJA 2003) governs the admissibility of evidence of bad character. See Practice Note: Admissibility of defendant's bad character in criminal proceedings. Evidence of a defendant's bad character can take a variety of forms. These include: • previous convictions • unproven allegations • details of an offence for which the defendant has been acquitted See Practice Note: Admissibility of bad character to prove propensity. See Practice Note: Admissibility of bad character to prove untruthfulness. The prosecution will need to prove a defendant's bad character (which ever form it takes) by admissible evidence. Proving previous convictions under PACE 1984 Evidence that a defendant has been convicted of an offence can be proved under the Police and Criminal Evidence Act 1984 (PACE 1984) by way of a certificate of conviction. The statutory requirements of a certificate of conviction are: • a certificate • signed by an officer of the court where the conviction took place Admissible evidence of a conviction is not conclusive
GLOSSARY
Proving a will refers to the legal process of establishing that a document is the valid last will and testament of a deceased person, so that it can be used to administer the estate. In practice, this is achieved by obtaining a grant of probate (England and Wales, Northern Ireland, Ireland) or confirmation (Scotland) from the court.The concept is grounded in probate and succession legislation and procedure, rather than being a single defined statutory term. It typically involves showing that the will complies with formal execution requirements, that the testator had testamentary capacity and knowledge and approval, and that there is no undue influence, fraud or later revocation.In England and Wales, Northern Ireland and Ireland, proof is usually by the oath or statement of the executor, supported where necessary by affidavit evidence (for example, where witnesses cannot be traced or execution is irregular). In Scotland, the court must be satisfied that the will is formally valid and that the executor-nominate is entitled to confirmation.Proving a will is essential to establish the executor’s authority, collect and distribute assets, and avoid an intestate or partial intestate estate.
PRACTICE NOTES
This Practice Note considers the common types of evidence that may be relied on to determine liability in a road traffic accident claim including a breach of the Highway Code and statutory duties, relevant motoring convictions, police records and accident reconstruction expert evidence. It also looks at the principle of res ipsa loquitur (‘the thing speaks for itself’). Road traffic accident claims are predominantly brought in negligence. If a road user has breached the Highway Code, this can be relied on as tending to establish liability in civil proceedings. In addition, while a road traffic criminal conviction is not in itself proof of negligence, it creates a rebuttable presumption that the defendant committed that offence. Under section 11 of the Civil Evidence Act 1968, the defendant is taken to have committed the offence unless the contrary is proved. It is then for the defendant to prove that, on the balance of probabilities, they did not commit the offence. Practitioners may be assisted by reference to case law which can give an indication
NEWS
Local Government analysis: The London Borough of Camden appealed to the Upper Tribunal (‘UT’) against, among other things, the First-tier Tribunal’s (‘FtT’) finding that P, a teenager with complex special educational needs, required education otherwise than in a school (‘EOTAS’), and that this should be delivered by way of tuition and other interventions in his home. The local authority contended that it was unlawful to specify special educational provision in a child or young person’s home because the local authority could not enforce such provision. UT Judge Jacobs dismissed the appeal, ruling that the FtT could lawfully order the LA to secure that such provision was delivered within a child or young person’s home. Written by Rosa Thomas and Charlotte Hadfield, barristers of 3PB Barristers.
PRECEDENTS
1 The Contractor shall, immediately upon the execution of this Contract, provide to the Employer: 1.1 a performance bond or guarantee of the
GLOSSARY
Information has to cover the nature, type and purpose of all cookies placed on the user’s device.
PRACTICE NOTES
The rules of the City Code on Takeovers and Mergers (Code) regarding the provision of information during an offer play an important role in the proper operation of the takeover process, particularly for: • maintaining the normal functioning of the securities markets • ensuring equivalent treatment of offeree shareholders and affording them sufficient time and information to reach a properly informed decision The cornerstone of the Code regime governing the release of information during an offer is Rule 19, which deals with standards of care and accuracy and responsibility for publication of information. Rule 20 requires information to be made equally available to all offeree shareholders and persons with information rights, and Rule 23 highlights the need for this information to be adequate and timely enough to enable them to reach a properly informed decision on the merits (or demerits) of the offer. Rule 30 regulates the procedures and mechanics for publishing information. This Practice Note discusses these general requirements and also the specific rules on unacceptable statements, advertisements, press and media interviews, telephone
NEWS
The Council of the EU and the European Parliament have reached a provisional political agreement on a proposal to review Council Directive 91/271/EEC (the Urban Waste Water Treatment Directive). The revision aims to update the Directive by extending its scope and aligning it with the European Green Deal’s objectives. To address pollution from small agglomerations, the co-legislators extended the scope of the Directive to include all agglomerations of 1,000 population equivalent and above, which will broaden its application. The agreement introduces an energy neutrality target, meaning that by 2045 urban wastewater treatment plants will have to produce energy from renewable sources, based on regular energy audits, with progressive intermediate targets. The new rules also introduce an extended producer responsibility (EPR) scheme to ensure fair contribution of the most pulling sectors to wastewater treatment for micropollutants. Producers of pharmaceuticals and cosmetics leading to urban wastewater pollution by micropollutants would need to contribute a minimum of 80% of the costs of this additional treatment, through an EPR scheme. The deal is provisional pending formal adoption by both institutions.
PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. Important—this provisional allotment letter (pal) is of value and is negotiable. It requires your immediate attention. The offer expires at [insert time] on [insert date]. The entire pal must be presented when payment is made. If you are in any doubt about the contents of this pal, or as to what action you should take, you are recommended to seek your own financial advice immediately from your stockbroker, bank manager, solicitor, accountant or other appropriate qualified independent financial adviser duly authorised under the financial services and markets act 2000 (fsma) or, if you are in a jurisdiction outside the united kingdom, from an appropriate qualified independent financial adviser duly authorised in your jurisdiction. If you sell, transfer or have sold or otherwise transferred all of your ordinary shares (other than ex-rights) held in certificated form before [Insert time] on [Insert date], please forward this pal with form x (form of renunciation) on page [Insert page number] completed at once to the purchaser or transferee, or to the stockbroker,
GLOSSARY
A provisional allotment letter or PAL is used in a rights issue by a company listed on the Official List of the FCA and admitted to trading on London Stock Exchange plc's (LSE) main market for listed securities. A rights issue is an offer to existing shareholders to subscribe or purchase further shares in proportion to their existing holdings. The offer must be made by a renounceable letter or other negotiable document, eg a PAL, which may be traded for a period before payment is due as nil paid rights. Once payment has been made in full the PAL may continue to be traded as fully paid rights until the shares are issued and allotted. The PAL constitutes the formal offer to shareholders and will contain all the contractual provisions of the offer whether explicitly or by reference.