Refine By
Clear all filter
About 92120 results for "*"
PRACTICE NOTES
This Practice Note first appeared as an article titled 'All change at the ToP: taking stock of the changing nature of the UK takeover regime' in the April 2016 edition of the Butterworths Journal of International Banking & Financial Law [2016] 4 JIBFL 234. Note that amendments to the Takeover Code which took effect on 12 September 2016 were made after the publication of the article. This Practice Note largely replicates the article and has not been updated in relation to changes to Takeover Code provisions. In 2011, following the takeover of Cadbury plc (Cadbury) by Kraft Foods, Inc. (Kraft), the Panel on Takeovers and Mergers (Panel) introduced a number of amendments to the City Code on Takeovers and Mergers (Code), with the aims of redressing the balance of power in favour of target boards, of ensuring that greater account is taken of the views of persons affected by takeovers in addition to target shareholders (such as employees) and of increasing transparency.
PRACTICE NOTES
When the Murabaha structure was being developed for use in the UK, practitioners understood that the structure's novelty would produce a degree of uncertainty. As a result, they sought to incorporate elements into the structure that would guide courts in their interpretation of Murabaha transactions. Practitioners also realised that Murabaha transactions were viewed differently by conventional legal systems and Shari'ah. This did not dissuade Islamic finance participants from continuing with the development of the Murabaha agreement; different legal systems (even those as similar as the English system) often view transactions or structures differently. Instead, Islamic finance practitioners have designed Murabaha agreements and other Islamic finance instruments to work both under Shari'ah and relevant conventional legal systems. The divergent interpretations of Murabaha transactions under conventional legal systems and Shari'ah represent differences in historic development and emphasis. In the UK, capital providers and consumers have constructed a system around the concept that money may be treated as an asset, and have developed a market for money in its own right. Islamic finance rejects
Q&As
A corn rent is a rare and unusual obligation attaching to land, which obliged the owner of that land to pay a proportion of corn, often by way of tithe, later amended to a payment of an amount of money in lieu of that tithe. Most corn rents benefitted the Church of England and were collected by the Church Commissioners. Corn rent was often provided in lieu of chancel repair liability. Following the bringing into force of the Land Registration Act 2002 on 13
PRACTICE NOTES
This Practice Note contains practical guidance on the child protection duties under OSA 2023, including the child safety duties set out in OSA 2023, ss 12 and 29. The child safety duties under OSA 2023, s 12 apply to user-to-user services and the child safety duties under OSA 2023, s 29 apply to search services (these terms are explained further below). This Practice Note includes commentary on Ofcom’s Protection of Children Code of Practice for user-to-user services and its Protection of Children Code of Practice for search services, which are separate documents but referred to collectively in this Practice Note as ‘the Protection of Children Codes of Practice’. The Protection of Children Codes of Practice contain measures to help services within scope comply with the child protection duties. This Practice Note also deals with ancillary guidance which Ofcom has published and which also relates to the child protection duties. In June 2025, Ofcom issued a consultation (June 2025 Consultation) on strengthening the Illegal content Codes of Practice by introducing additional
Q&As
It is possible to make an application to the court for permission to extend the time for service of the claim form. However, when such an application is made after the time for service has expired, the court will apply very stringent hurdles that you will need to overcome to obtain an order for extension of time. You will need to: • make the application promptly—do not delay making the application, as this could impact on whether the court will
Q&As
Under CPR PD 7A, para 4A.1, a County Court Money Claims Centre (CCMCC) is any claim which: • is started in the County Court under CPR 7 • is a claim for money only, whether for a specified or an unspecified amount, and • is not a claim for which special procedures are provided in the Civil Procedure Rules. Note: for the purposes
Q&As
Who pays the hearing fee? The majority of court fees for civil matters are contained in the Civil Proceedings Fees Order 2008 (CPFO 2008), SI 2008/1053, Sch 1, which is amended when any of the court fees in Schedule 1 to this SI are changed. For general guidance, see Practice Note: Court fees in civil proceedings. The fee payable on the court fixing a trial date or trial period (sometimes called the ‘trial fee’ or ‘hearing fee’) for a case allocated to the multi-track is currently £1,090 and is payable by the claimant except where the action is proceeding on the counterclaim alone,
PRACTICE NOTES
Title Regulation (EC) 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (EU CLP Regulation) Repealing (after a transitional period—on 1 June 2015) —Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, and—Council Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations Amending Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals for the amendments, see Retained Regulation (EC) 1272/2008, Art 57, the EU CLP Regulation)Consolidated version Entry into force 20 January 2009 Deadline for transposition N/A Implementing legislation in England and Wales —the Chemicals (Hazard Information
Q&As
This Q&A considers a potential development of land which may be subject to a public right of way. A right of way is a form of easement which allows a specified person or the public access across the land of another. It seems that this scenario concerns a public highway, being a common route along which people can freely pass. This can arise by way of statute, express dedication, or by way of a common law presumption. In terms of the common law presumption, there is no defined length of time for this to arise, but 20 years is
NEWS
PI & Clinical Negligence analysis: This tragic clinical negligence case related to the care provided by the defendants to Sidney Conway, a baby admitted to hospital with unexplained symptoms which were in fact a result of abusive head trauma inflicted by his mother. The claimant argued that the failure to fully diagnose and investigate Sidney’s symptoms at hospital created the opportunity for his mother to abuse him again, as she did the day after he was discharged, causing him catastrophic brain injuries. This case had been fought on conventional tortious principles of breach of duty and causation. In the view of the trial judge, however, the facts invited an alternative analysis under the ‘scope of duty’ principle as clarified by the Supreme Court in Meadows v Khan. He held that injuries inflicted on Sidney by his mother did not fall within the scope of the duty owed to him by the defendants, who in any event had not breached their duty towards him. Accordingly, the claim failed. Written by Daniel Hallström, barrister at Old Square Chambers.
Q&As
Following the death of a person, their interest in real estate devolves onto their personal representatives (PRs) (section 1 of the Administration of Estates Act 1925). Where there is a Will, the executors will be the PRs. This means that the executors can act in respect of the property as if they were the registered owners, and it is usual for the title to be updated to reflect that legal ownership of the property is vested in the personal representatives of the estate. The