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PRACTICE NOTES
This Practice Note provides guidance on tracing defendants and insurers in noise-induced hearing loss (NIHL) claims. In the majority of NIHL claims, the noise exposure that caused the hearing damage occurred many years ago. The workplaces may have closed down or changed hands, companies been wound up or taken over by other organisations and sometimes even an internet search yields no information about the claimant's former employer. Indeed, tracing the employer is often only the first step. If they are no longer trading, it is the insurers for the claimant’s period of employment who must be traced. There are some resources that can assist in tracing defendants and insurers. HMRC schedule In almost every NIHL claim, it is essential to obtain the claimant’s employment history from HMRC. An application should be made using the HMRC employment history form. HMRC will provide the name of the claimant’s employer for every tax year going back to 1961/1962. The HMRC schedule should be presented to the former employer or their insurer as evidence of the claimant’s employment
GLOSSARY
One of the three sets of procedural rules by which the court carries out it case management functions in respect of a claim: small claims, fast track and multi-track.
PRACTICE NOTES
ARCHIVED: NOTE: SAVE FOR WHERE A DEFENCE HAS BEEN RECEIVED BEFORE 1 APRIL 2013, THIS PRACTICE NOTE IS FOR HISTORICAL PURPOSES ONLY. For information on the position after 1 April 2013, see Practice Note: Case management—allocation—the different case management tracks. Changes since 1 April 2013 Since 1 April 2013, allocation questionnaires have been replaced with directions questionnaires if 'a defence is received' on or after 1 April 2013. What is not clear is: • whether 'received' means by the court rather than by the other parties and/or • whether 'a defence' means that, in the case of multi-defendants, the new provisions will apply where any of the defendants files its defence on or after 1 April 2013, even if any of the other defendants have filed theirs before then If you now have to deal with directions questionnaires rather than allocation questionnaires see Practice Notes: Directions questionnaires and Case management—allocation—the different case management tracks. When will the court allocate the claim? The court will allocate a claim to one of the three
PRACTICE NOTES
This Practice Note considers the costs implications of track allocation for civil cases. It notes the costs position prior to track allocation and the costs recoverable where a claim is concluded prior to track allocation. This Practice Note also considers the costs position where there has been a part admission or counterclaim and the costs applicable following re-allocation. It sets out the position for cases proceeding under the transitional provisions (pre-1 October 2023) and under the current rules (on or after 1 October 2023). For information on track allocation generally, see: Allocating and transferring proceedings—overview. Note, this Practice Note sets out the position prior to 1 October 2023 referring to the old rules that apply to civil cases that were issued prior to 1 October 2023. (Note that the old rules also apply to personal injury cases where the cause of action accrued prior to 1 October 2023 and disease cases where the letter of claim was sent before 1 October 2023). This Practice Note also refers to the position on or after 1 October 2023 which
PRACTICE NOTES
This Practice Note provides a brief overview of and links to a wide selection of case law trackers, legislative trackers, regulatory trackers and horizon scanning resources from across Lexis+® UK that may be of interest to in-house lawyers. This Practice Note is designed to act as a signposting tool, and these resources have been listed by Lexis+® UK Practical Guidance practice area to aid ease of use and to enable focus on specific areas of law of interest and/or relevance to role. NOTE: Access to these resources is subject to subscription. Additional trackers and tools may be available in other Lexis+® UK Practical Guidance practice areas. Banking & Finance Tracker Overview Banking & Finance—key dates and future developments tracker: 2026 and beyond Tracks key upcoming developments, dates and horizon scanning for banking and finance lawyers. Banking & Finance case tracker Displays the status of cases (including appeals) which the Banking & Finance team has reported on since January 2013 to date. Additional Banking & Finance
PRACTICE NOTES
ARCHIVED: This Practice Note is archived and no longer maintained. For 2024 scheme/plan hearing dates, see Practice Note: Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2024. This Practice Note tracks some key hearing dates listed in the High Court, Insolvency and Companies Court (Chancery Division) daily cause list from 13 September 2022 onwards, starting with the most recent, for: • Part 26 schemes of arrangement, (usually solvent schemes); usually internal corporate reorganisations, take-over or merger schemes • Part 26 schemes of arrangement, creditor/member schemes (see: Schemes of arrangement—overview) • Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans: history, rationale and scope), and • Part VII transfer schemes: insurance business transfer schemes under Part VII of the Financial Services and Markets Act 2000 (see Practice Note: Insurance business transfer schemes) It is interesting to note that the majority of the hearings below relate to solvent schemes of arrangement for internal corporate reorganisations, take-over or merger schemes (and for more
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. For details of cases from 1 January 2025 onwards, see Practice Note: Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2025. It tracks some key hearing dates listed in the High Court, Insolvency and Companies Court (Chancery Division) daily cause list from 1 January 2024 onwards, starting with the most recent, for: • Part 26 schemes of arrangement, creditor/member schemes (see: Schemes of arrangement—overview) • Part 26A restructuring plans (see Practice Note: Part 26A restructuring plans: history, rationale and scope), and • Part VII transfer schemes: insurance business transfer schemes under Part VII of the Financial Services and Markets Act 2000 (see Practice Note: Insurance business transfer schemes) Note that solvent schemes of arrangement for internal corporate reorganisations, take-over or merger schemes are covered here. See News Analysis: Market Standards Trend Report—trends in UK public M&A in 2023. For details of hearings in 2023, see Practice Note: Tracker of Part 26 scheme/Part
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It tracks some key hearing dates proposed or listed in the High Court, Insolvency and Companies Court (Chancery Division) daily cause list from 1 January 2025 onwards (starting with the most recent) for: • Part 26 schemes of arrangement, creditor/member schemes (see: Schemes of arrangement—overview), and • Part 26A restructuring plans (RPs) (see Practice Note: Part 26A restructuring plans) For details of hearings in 2026, see Practice Note: Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2026. For details of hearings in 2024, see Practice Note: Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2024 [Archived]. For details of the outcomes of key creditor/member scheme or Part 26A restructuring plan hearings and details of any judgments given, see Practice Notes: Part 26A restructuring plan case tracker and Schemes of arrangement—key cases. For a detailed analysis of key metrics from the RPs filed in 2024 and commentary from leading
PRACTICE NOTES
This Practice Note tracks some key hearing dates proposed or publicly listed in the daily cause list from 1 January 2026 onwards (starting with the most recent) for: • Part 26 schemes of arrangement, creditor/member schemes (see: Schemes of arrangement—overview), and • Part 26A restructuring plans (RPs) (see Practice Note: Part 26A restructuring plans) From 1 January 2026 onwards, the revised Practice Statement applies (see Practice Note: The Practice Statement for Part 26 schemes and Part 26A restructuring plans (2025)). For details of hearings in 2025, see Practice Note: Tracker of Part 26 scheme/Part 26A restructuring plan hearing dates 2025. For details of the outcomes of key creditor/member scheme or Part 26A restructuring plan hearings and details of any judgments given, see Practice Notes: Part 26A restructuring plan case tracker and Schemes of arrangement—key cases. For a detailed analysis of key metrics from the RPs filed in 2024 and commentary from leading lights in the restructuring world, see News Analysis: Market Insights Trend Report—trends in Part
PRACTICE NOTES
Part 26A restructuring plans (RPs) have been available since 26 June 2020 (see Practice Notes: Part 26A restructuring plans: history, rationale and scope and Frequently asked questions (FAQs) on the restructuring plan). The process is available to all sizes of company, including small to medium enterprises (SMEs). SMEs are generally defined within the EU as any organisation that has fewer than 250 employees and a turnover of less than €50m or a balance sheet total less than €43m. The definition of medium enterprises under the section 465 of the Companies Act 2006 (CA 2006), is slightly different; where the qualifying conditions are met by a company in a year in which it satisfies two or more of the following requirements: (i) turnover of not more than £54m, (ii) balance sheet total not more than £27m and (iii) number of employees not more than 250. For a detailed analysis of key metrics from the RPs filed in 2024 and commentary from leading lights in the restructuring world, see News Analysis: Market Insights
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It tracks some key hearing dates proposed or listed in the High Court, Insolvency and Companies Court (Chancery Division) daily cause list from 1 January 2025 onwards (starting with the most recent) for: • Part VII transfer schemes: transfer schemes under Part VII of the Financial Services and Markets Act 2000 (see Practice Notes: Part VII Transfer of Banking Business and Insurance business transfer schemes) For details of hearings in 2026, see Practice Note: Tracker of
PRACTICE NOTES
This Practice Note tracks some key hearing dates proposed or listed in the daily cause list from 1 January 2026 onwards (starting with the most recent) for: • Part VII transfer schemes: transfer schemes under Part VII of the Financial Services and Markets Act 2000 (see Practice Notes: Part VII Transfer of Banking Business and Insurance business transfer schemes) For details of hearings in 2025, see Practice Note: Tracker of Part VII transfer