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GLOSSARY
an offence which may be tried either in the magistrates' court or in the Crown Court;
GLOSSARY
In payments regulation, one leg out describes a payment where only one of the two payment service providers (PSPs) is located in the relevant regulatory area (the UK or the EEA), with the other PSP outside it. It is a practitioner’s term; the underlying scope rule is set out in PSD2 (EU) and the UK Payment Services Regulations 2017, which apply certain transparency and rights-and-obligations provisions to the part of the transaction carried out within the UK/EEA.Typical examples include card payments to non-UK/EEA merchants and international credit transfers where either the payer’s or payee’s PSP is overseas. Key legal consequences include: application of information and charges rules (including currency conversion disclosures) to the UK/EEA leg; partial application of execution-time and value-dating rules; and expectations around strong customer authentication (SCA) by the UK/EEA PSP where it is the payer’s PSP, subject to technical feasibility and risk controls (see EBA/competent authority guidance).Usage is broadly consistent across England & Wales, Scotland and Northern Ireland (under the UK PSRs 2017) and Ireland (under PSD2-implementing regulations), with the territorial trigger being a UK PSP for the UK, and an EEA PSP for Ireland. The concept is central to compliance design, customer communications, fraud prevention and dispute handling for cross-border payments.
GLOSSARY
'package holiday' means a package which is regulated by the Package Travel, Package Holidays and Package Tours Regulations 1992 ('the Package Travel Regulations') or any subordinate or amending legislation arising from EU Directive 2015/2302
GLOSSARY
(a) means a claim for damages for gastric illness contracted during a package holiday, and (b) may include a claim for diminution in value or loss of enjoyment suffered by the same claimant, but (c) excludes a claim under the Athens convention or the Montréal Convention;
GLOSSARY
an order which can be made in certain circumstances where a child has been convicted of an offence which may require parents of the defendant to comply with certain requirements including attendance at counselling or guidance sessions;
GLOSSARY
In the context of financial services, this is a financial benefit gained as a result of a regulated activity
GLOSSARY
Perjury is the criminal act of deliberately lying or giving evidence known to be false while under oath or affirmation in judicial or other proceedings where an oath is lawfully administered. It undermines the integrity of the court process and can affect the outcome of criminal and civil cases, tribunals and other formal hearings.In England and Wales and Northern Ireland, perjury is primarily defined by the Perjury Act 1911, which sets out the offence, required mental element (wilful falsehood) and penalties. In Scotland, perjury is a common law crime with similar core elements: intentional false evidence on oath in a competent court in a material respect. In Ireland, perjury is largely governed by the Perjury and Related Offences Act 2019, which modernises and consolidates the law.Across these jurisdictions, the key features are: a lawful oath or affirmation; a statement that is false; knowledge or belief that it is false; and materiality to the proceedings. Related offences may cover false statutory declarations, affidavits and false statements to public authorities. Perjury is prosecuted to deter witness dishonesty, protect the administration of justice and preserve confidence in legal proceedings.
GLOSSARY
Phantom shares are contractual bonus or incentive rights that mirror the value of a company’s shares, without granting any actual share ownership or shareholder rights. They are typically used in executive or employee incentive schemes where the participant receives a cash payment (or sometimes cash-settled securities) calculated by reference to the increase in the company’s share value and, in some cases, dividends.In practice, phantom share plans are governed by contract law rather than company law, and the term is descriptive rather than defined in UK or Irish legislation or case law. Key legal issues include careful drafting of vesting conditions, leaver provisions, performance targets, change of control clauses, valuation mechanisms and tax treatment.Because phantom shares do not involve issuing new shares, they avoid dilution, shareholder approvals and many company law formalities in England & Wales, Scotland, Northern Ireland and Ireland. They can be used in private companies where establishing a market value for real shares is difficult, and in groups where minority protection or regulatory concerns make equity awards unattractive. Usage and legal characterisation are broadly consistent across the UK and Ireland, subject to differing payroll and income tax rules.
PRACTICE NOTES
This Practice Note provides guidance and practical advice for Claimants when bringing a claim on pinqDR’s online platform. It should be read in conjunction with the pinqDR Rules. References to Articles are to Articles of the Rules. Capitalised terms shall have the meanings given to them in the Rules. Who are these guidance notes for? These notes are intended for Claimants who are bringing a claim on pinqDR. Some of the core processes explained are also applicable to Respondents. ‘Claimants’ are any Representatives of companies that are bringing a claim on pinqDR. This typically includes in-house counsel, management and any external Representatives such as external counsel and administrative support. Key principles Speed—pinqDR arbitration is subject to strict time limits. The entire process must be concluded within eight weeks of Commencement. Proactivity—pinqDR Arbitrators and the parties need to be more proactive than is typical in traditional arbitration procedures. For Claimants this is especially relevant when raising the claim. Following the guidance in this guide
PRACTICE NOTES
This Practice Note provides practical advice for arbitrators appointed to conduct arbitrations on pinqDR’s online platform. It should be read in conjunction with the pinqDR Rules. References to Articles are to Articles of the Rules. Capitalised terms shall have the meanings given to them in the Rules. Key principles Speed—pinqDR arbitration is subject to strict time limits. The entire process must be concluded within 8 weeks of Commencement (see Articles 1.3, 5, 7 and in particular Article 7.2). Proactivity—pinqDR arbitrators will need to be far more proactive than is typical in traditional arbitration procedures. Immediately following appointment, the arbitrator will need to review the Claim and the Response and direct the parties to what additional information (evidence or submissions) the arbitrator needs to produce the Award. Efficiency—pinqDR arbitrators are not expected to produce long Awards. They must comply with Article 8. Arbitrators are expected to begin the preparation of the Award immediately upon receipt of the Claim (Article 3) and Response (Article
GLOSSARY
“pollution of controlled waters” means the entry into controlled waters of— (a) any poisonous, noxious or polluting matter, or (b) any solid waste matter,
GLOSSARY
to bring or lay a charge or indictment;