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GLOSSARY
Re-spreading involves repeatedly delaying funding a deficit in a pension fund; it can occur when the deficit funding extends beyond the next valuation and is spread over a longer period than originally envisaged as a result of the next valuation.
NEWS
Dispute Resolution analysis: The Court of Appeal has allowed an appeal against a decision finding loan books had been assigned at an undervalue and, therefore, fell to be set aside. In doing so it found the appellants had not had a fair trial consistent with their rights under article 6 of the European Convention of Human Rights and gave useful guidance to practitioners on the admission and exclusion of evidence and the court's powers to draw adverse inferences in the absence of a party's evidence. This judgment is of particular interest given the third appellant appeared as a litigant in person for all three appellants and due to the ‘chequered history’ of this matter involving allegations of fraud.
GLOSSARY
Database right in a database can be infringed where, without the consent of the owner of the right, all or a substantial part of the contents of the database is re-utilised.
GLOSSARY
The part of the NPP which houses the reactor core and cooling system.
GLOSSARY
The Reactor Protection Systems are designed to automatically shut- down the reactor and maintain it shut-down when needed. Facilities to instigate a manual backup are provided in whole or part.
GLOSSARY
A company selling its reactor design to potential operators.
NEWS
Mealey’s: International mediator Giuseppe De Palo examines how cultural expectations and legal traditions may influence the design and acceptance of hybrid dispute resolution processes, including med-arb and arb-med. Drawing on examples from the US, Asia, the Middle East, Latin America and Northern Europe, the analysis highlights practical considerations relating to role changes, consent, confidentiality, enforcement and cross-cultural expectations in international disputes.
NEWS
Dispute Resolution analysis: This Chancery Court judgment provides a helpful audit of the current test for pre-action disclosure, following recent decisions elaborating on its individual elements. Mr Ashley Greenbank, sitting as a Deputy Judge of the High Court, discusses in detail the two-stage test and its application to the facts of this case, which concerned anticipated claims alleging dishonesty against professional advisors, as well as offering a range of practical insights and best practice pointers for disputes practitioners. Written by Natalie Todd, partner and Anastasia Tropsha, associate at PCB Byrne LLP.
PRECEDENTS
This reaffirmation Agreement is made on [insert date] Parties 1 [Insert Employer’s name] whose registered office is at [insert Employer’s address], company registration number [insert Employer’s company number] (‘Employer’); and 2 [Insert Employee’s name] of [insert Employee’s address] (‘you’) the parties agree: 1 Settlement agreement 1.1 This Reaffirmation Agreement is being entered into in accordance with Clause [insert number] of the settlement agreement between the parties dated [insert date] (‘Agreement’). 1.2 In this Reaffirmation Agreement, words and expressions shall have the same meanings as defined in the Agreement[ except that in this Reaffirmation Agreement ‘Adviser’ means [insert name of Adviser] of [insert name of Adviser’s firm/organisation] of [insert address]]. 1.3 This Reaffirmation Agreement is being entered into in consideration of the Employer agreeing to pay you the Compensation Payment under the Agreement. 2 Full and final settlement 2.1 You acknowledge and agree that the Agreement is made[ without any admission of liability on the part of the Employer] and its terms are in full and final settlement of the claims set out in Clauses [2.2, ]2.3 and 2.4, but excluding, for the avoidance of doubt, any claim to enforce the terms of the Agreement
NEWS
Personal Injury analysis: The decision in Gail Marie Duce v Worcestershire Acute Hospitals NHS Trust serves as a reminder that claimants cannot simply ignore the causation test in consent cases. Richard Mumford, barrister at 1 Crown Office Row who successfully represented the Trust (led by Philip Havers QC in the Court of Appeal), explains the wider implications of the judges’ conclusions.
FLOWCHARTS
This Flowchart is an aide memoire to examining and interpreting real burdens affecting land in Scotland. It is not a detailed note and therefore reference must be made to the Title Conditions (Scotland) Act 2003 (TC(S)A 2003) and the Abolition of Feudal Tenure etc (Scotland) Act 2000 (AFT(S)A 2000) for more detail. See Practice Notes: Real burdens in Scotland—creation and interpretation and Real burdens in Scotland—enforcement and extinction and Flowchart: Feudal burden—determining whether it survives the Abolition of Feudal Tenure etc (Scotland) Act 2000—flowchart. Note
PRACTICE NOTES
What are conditions precedent? In finance transactions, conditions precedent (CPs) are the conditions which the borrower must satisfy: • (usually) before the borrower is entitled to serve a utilisation (drawdown) request, and • before the lender is obliged to make the funds available to the borrower The CPs are contained in the facility agreement. The facility agreement usually provides that each CP must be 'in a form and substance satisfactory to the lender'. The purpose of the usual property specific CPs in a real estate investment finance transaction is to satisfy the lender that: • the lender will obtain a first legal charge over the property, and • the property will be acceptable security for the loan For more information, see Practice Notes: Real estate finance—conditions precedent and the mechanics of drawdown in development facilities and Real estate finance—conditions precedent and the mechanics of drawdown in investment facilities. What are the usual property specific CPs? A satisfactory certificate of title or report on title The lender will require property