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GLOSSARY
An order of the court compelling a defendant to perform an obligation previously undertaken in respect of the claimant.
NEWS
Dispute Resolution analysis: Where two parties who are in dispute over an alleged breach of lease resolve to appoint an expert, is the losing party obliged to give effect to the expert determination by executing a deed? The court held that the parties had expressly agreed that the expert determination would result in a completed deed, to give it effect or, alternatively, such an agreement could be implied as a matter of law. The claim concerned the finding of an expert that the defendant was in breach of lease and that, as a result, it should enter into a deed of variation to increase the annual rent from a peppercorn to £21,000, over the remainder of the term. However, the defendant argued that it could not be compelled to execute the said deed and nor was it bound to do so. Written by Iqbal Mohammed, barrister at St Philips Chambers.
PRACTICE NOTES
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. This Practice Note explains when specific performance will or will not be ordered. Specific performance is ordered at the court's discretion where damages do not afford a complete remedy, or where specific performance would do ‘more perfect and complete justice’. Because of the unique nature of land, it is sometimes a preferred remedy for a buyer or tenant when a seller or landlord fails to complete. There is a general principle that a contract for the grant of an interest in land will normally be specifically enforced. Following exchange of a valid and specifically enforceable contract, the seller is generally regarded as holding the property on a qualified constructive trust for the buyer. However, the seller does not become a bare trustee, and the parties’ rights remain governed principally
PRACTICE NOTES
The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) comprises: • a general equality duty—the over-arching requirement or substance of the duty, supported by • specific duties that are intended to help performance of the general equality duty For background reading on the PSED, see Practice Note: Public sector equality duty. This Practice Note examines how the specific duties require public bodies to be transparent in how they are addressing the PSED, compelling them to: • publish relevant, proportionate information showing compliance with the PSED, and • set and publish specific, measurable equality objectives It must be remembered that the specific duties do not replace the general PSED. Public bodies subject to the specific duties must comply with the specific duties to assist in overall compliance with the general PSED. The specific duties help to monitor and demonstrate this compliance. Public authorities can thus be held accountable to their service users for their decisions and the equality aims are
PRACTICE NOTES
The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (EqA 2010) is made up of a ‘general equality duty’, the overarching requirement or substance of the duty, supported by ‘specific duties’ which are intended to help performance of the general equality duty. Focusing on Scotland, this Practice Note examines how the specific duties require public bodies to undertake a number of assessments and report on various information. It explains how the specific duties promote transparency and accountability to service users for decisions, keeping the equality aims squarely focused in the minds of decision-makers. It must be remembered that the specific duties do not replace the general PSED—public bodies subject to the specific duties must still also comply with the PSED. Indeed, under the regime in Scotland, the intention is that the specific duties support and promote the achievement of the PSED. For background reading on the PSED, see Practice Note: Public sector equality duty. EqA 2010, s 153 enacts the power
PRACTICE NOTES
The public sector equality duty (PSED) as defined and set out in Part 11 of the Equality Act 2010 (sections 149–159) (EqA 2010) is made up of a ‘general equality duty’ (general duty), which applies throughout the UK to public bodies listed in Schedule 19 of the EqA 2010, supported by ‘specific duties’, which are intended to help performance of the general duty and to aid transparency. While the general duty is the same for England, Wales and Scotland, the specific public duties enacted by EqA 2010, s 153 differ. In Wales, listed public bodies are obliged to comply with certain specific duties which are complementary to the general duty that applies in the UK. The specific duties apply to listed bodies in Wales. They do not apply to non-devolved public authorities in Wales. The general duty imposed by EqA 2010, s 149 obliges public authorities and those exercising public functions to have ‘due regard’ to the need to: • eliminate discrimination, harassment, victimisation and any other conduct
PRACTICE NOTES
This Practice Note covers the specific time periods for those personal injury cases which fall outside of the usual three-year limitation period. The guidance considers a variety of non-standard accident circumstances, including accidents abroad, accidents on aircraft, boat or international train, Criminal Injuries Compensation Authority claims, Motor Insurers’ Bureau claims, claims brought under the Fatal Accidents Act 1976 (FAA 1976) and claims by the armed forces and actions brought under the Human Rights Act 1998. For a helpful table setting out the different limitation periods, see Practice Note: Time limits under the Limitation Act 1980—personal injury claims—Exceptions to the general rule. Accidents abroad Pursuant to the Foreign Limitation Periods Act 1984 (FLPA 1984), where a court in England or Wales is applying the law of a foreign country, the relevant foreign limitation period will apply unless its application would conflict with public policy (FLPA 1984, s 2(1)). Pursuant to FLPA 1984, s 2(2), the application of a foreign limitation period will conflict with public policy to the extent that
GLOSSARY
The document prepared by or on behalf of the employer stating the works which are required.
GLOSSARY
The specification of a patent (or an application) means the claims, the description and any drawings.
GLOSSARY
A claim for a particular sum of money which is set out on the claim form.
GLOSSARY
A specified activity or investment is one that has been specified as such in the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (SI 2001/544) (RAO).
PRECEDENTS
This Precedent is a memorandum that sets out the details of the ‘specimen’ dealing code. The specimen dealing code is the product of an industry-led development of codes, guidance and best practice prepared by The Chartered Governance Institute (formerly known as ICSA: The Governance Institute), GC100, the Quoted Companies Alliance and other market participants who agreed that it would be of great benefit for listed and quoted companies to be able to turn to an equivalent version of the Financial Conduct Authority’s (FCA) Model Code. The Model Code was deleted by the FCA as a consequence of the implementation of the Market Abuse Regulation (EU) No 596/2014 on 3 July 2016. Companies with a former premium listing of equity shares were required to comply with the Model Code, which restricted persons discharging managerial responsibilities (PDMRs) dealing in the companies’ securities. The assumption is that listed companies will apply the dealing code to PDMRs and those other individuals whom they wish to be covered by the company’s process when PDMRs and those other individuals deal in the company’s