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PRACTICE NOTES
Fixed or variable orders The court may provide for fixed variations to take effect at appointed times in the future without further order. The court may also make provision for variation in payments to be considered on further application. Only the latter type of order is referred to as a variable order; in the former it is the payments, rather than the order, that vary. NOTE: the Explanatory Notes to the Ogden tables address an example of circumstances in which the fixed variations may be appropriate, namely where notional future earnings growth is to be brought into account or where residual earning capacity might be expected to change. There is no change directly relevant to the variable order. A variable order may be made where, at the time of judgment, it is established that the claimant may later suffer a further serious disease or serious deterioration (such as epilepsy or syrinx) that could be caused by the injury, or, indeed, they may enjoy a significant improvement in their physical or mental condition. The
GLOSSARY
A change in the works or services to be carried out. This is usually governed by a Change Protocol which sets out parameters for making changes.
GLOSSARY
A change in the works or services to be carried out. This is usually governed by a protocol'>Change Protocol which sets out parameters for making changes.
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party A); [and] 2 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party B)[, OR ; and] 3 [[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Guarantor),] each of [Party A and Party B OR Party A, Party B and the Guarantor] is a party and together [Party A and Party B OR Party A, Party B and the Guarantor] are the parties. Background (A) This Agreement is supplemental to the Contract (as defined below). (B) In accordance with clause [insert variation clause reference] of the Contract, each party has agreed to amend the Contract as set out in this Agreement. (C) [Under the Guarantee (as defined below), the Guarantor agreed to guarantee certain obligations of Party B.] (D) [The Guarantor is entering into this Agreement as confirmation
PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [Scotland] under number [insert registered number] whose registered office is at] [insert address] (Party A);[ and] 2 [insert name of party] [of OR a company incorporated in [Scotland] under number [insert registered number] whose registered office is at] [insert address] (Party B)[, OR ; and] 3 [[insert name of party] [of OR a company incorporated in [Scotland] under number [insert registered number] whose registered office is at] [insert address] (Guarantor),] each of [Party A and Party B OR Party A, Party B and the Guarantor] is a party and together [Party A and Party B OR Party A, Party B and the Guarantor] are the parties. Background (A) This Agreement is supplemental to the Contract (as defined below). (B) In accordance with clause [insert variation clause reference] of the Contract, each party has agreed to amend the Contract as set out in this Agreement. (C) [Under the Guarantee (as defined below), the Guarantor agreed to guarantee certain obligations of Party B.] (D) [The Guarantor is entering into this Agreement as confirmation
PRACTICE NOTES
This Practice Note sets out the circumstances in which a maintenance agreement made between spouses or civil partners may be varied during the lifetime of the parties, either by agreement between the parties or by the court under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004), and the relevant factors to be considered. It considers the procedural steps to be taken and relevant case law. It also considers the court's power to vary a maintenance agreement relating to a child under Schedule 1 to the Children Act 1989 (ChA 1989). The parties to a maintenance agreement may vary the terms of that agreement by consent at any time, preferably in writing. See Practice Note: Formalities of maintenance agreements as to what constitutes a maintenance agreement and contractual considerations. In addition, the court may alter a maintenance agreement between spouses or civil partners, made either during the currency of the marriage or civil partnership or following divorce or dissolution, under MCA 1973 or CPA
NEWS
Banking & Finance analysis: Certain margin requirements are due to be implemented by 1 September 2017. Dr Sharon Brown-Hruska, PRIME Finance Expert and former Chairman and Commissioner, Commodity Futures Trading Commission (CFTC) discusses the implementation of these margin requirements and how the market has prepared itself to comply with them.
PRECEDENTS
IN THE [HIGH COURT OF JUSTICE] [CHANCERY DIVISION] Claim Number [xxx] [BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES] [PROPERTY, TRUSTS AND PROBATE LISTt] Before [name] Dated [date] [Claimant’s name] Claimant and [Trustee] [Trustee] [Adult beneficiary] [name of beneficiary] (a child by [name] his/her litigation friend) [name of beneficiary] (a child by [name] his/her litigation friend) Defendants _____________________________________ DRAFT/SCHEME OF ARRANGEMENT _____________________________________ 1 In this Arrangement the following expressions shall where the context so admits have the following meanings respectively: 1.1 ‘The Trust’ means the trust instrument dated [x] and known as [y]; 1.2 ‘The Operative Date’ means the date of the Order of [Master x] approving this Arrangement [or another date if required]. 2 As from the Operative Date the terms
PRECEDENTS
IN THE [HIGH COURT OF JUSTICE] [Chancery Division] Claim Number [xxx] [Business and Property Courts of England and Wales] [Property, Trusts and Probate List] Before [name] Dated [date] [Claimant’s name] Claimant and [Trustee] [Trustee] [Adult beneficiary] [Name of beneficiary] (a child by [name] his/her litigation friend) [Name of beneficiary] (a
PRECEDENTS
[IN THE HIGH COURT OF JUSTICE] [Chancery Division] Claim Number [xxx] [Business and Property Courts of England and Wales] [Property, Trusts and Probate List] Before [name] Dated [date] [Claimant’s name] Claimant and [Trustee] [Trustee] [Adult beneficiary] [Name of beneficiary] (a
PRECEDENTS
[IN THE HIGH COURT OF JUSTICE] [Chancery Division] [Business and Property Courts of England and Wales] [Property, Trusts and Probate List] [Claimant] Claimant and [Trustee] [Trustee] [Adult beneficiary] [Beneficiary] (a
PRECEDENTS
Defendants: [initial and surname]: 1st: [exhibits]: [date] IN THE [HIGH COURT OF JUSTICE] [CHANCERY DIVISION] Claim Number. [xxx] [BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES] [PROPERTY, TRUSTS AND PROBATE LIST] [Claimant’s name] Claimant and [Trustee] [Trustee] [Adult beneficiary] [name of beneficiary] (a child by [name] his/her litigation friend) [name of beneficiary] (a child by [name] his/her litigation friend) Defendants _____________________________________ WITNESS