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The quick answer is yes. To enforce a judgment quickly, you will need to obtain a European Enforcement Order (EEO) certificate from the court in which the judgment was handed down. The EU regulation, which deals with EEOs, is Regulation (EC) 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. AN EEO certificate enables you to enforce a judgment made by a court of an EU Member State within a different Member State without the
Q&As
The simple answer is yes. Whether you can enter into a retrospective conditional fee agreement (CFA) is not a matter of statute but one of common law and although there has been judicial resistance, the law on whether retrospective CFAs are allowed was settled in Birmingham City Council when Christopher Clarke J, as he then was, held that there was no public policy reason why retrospective success fees under CFA should not be allowed. Subsequent cases in which retrospective CFAs have been allowed include: • Pentecost—Turner J allowed an appeal on the basis that a collective CFA (CCFA) was compliant with the provisions in the CLSA 1990. In doing so he applied the ordinary meaning of the wording within the CCFA to find that information provided for the purposes of the first CCFA under existing retainers did not need to be resubmitted when a second CCFA was entered into on the basis that the second CCFA clearly provided for it to be retrospective for the purposes of pre-existing instructions to solicitors. For a detailed analysis of this case, see News Analysis:
Q&As
Section 32(1)(a) of the Children Act 1989 (ChA 1989) requires the court to draw up a timetable with a view to disposing of an application brought under ChA 1989, Pt IV: ‘(i) without delay, and (ii) in any event within twenty-six weeks beginning with the day on which the application was issued.’ See Practice Note: Public law children procedure—Public Law Outline: overview and key principles—Timetable for the proceedings and the child. Despite this provision setting out a clear time frame of 26 weeks within which care proceedings should be completed, the court can grant exceptions to the 26–week time limit. ChA 1989, s 32(5) provides that a court may extend the time limit 'if the court considers that the extension is necessary to enable the court to resolve the proceedings justly’. When determining such an application, the court must have particular regard, pursuant to ChA 1989, s 32(6), to: • the impact which any ensuing timetable revision would have on the welfare of the
Q&As
Promoters, for many reasons, often want to extend the duration of a promotion, whether it is a prize or a price promotion. The promotion may be very successful. Conversely, if it is a prize draw, there might not have been many entries and the promoter may wish to change the closing date to attract more entries. Another reason may be that, for on-pack promotions, the packs have entered retailers’ shops later than planned or there may have been technical problems with a website. There are two main sources of rules to consider when deciding whether to extend a promotion. These are the: • UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), and • unfair commercial practices provisions contained in Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) CAP Code The end date of a promotion is considered material information and must be presented in a clear, intelligible, and unambiguous manner to avoid
Q&As
The obligation on the parties under CPR 3.13 is to ‘file and exchange’ budgets by the stated time. The rules use ‘exchange’ here rather than serve. This tends to suggest that the usual rules relating to service found in Part 6 of the CPR do not apply to cost budgets. Some caution should be adopted in relation to this approach, however. For example, in CPR PD 3E, para 7.7, there is reference to ‘re-serving’ a costs budget after budgeted costs have been approved or agreed. In cases such as BMCE Bank International Plc v Phoenix Commodities Pvt Ltd the requirement to ‘exchange’ has been assumed to be a requirement to serve.
Q&As
This Q&A considers whether you can file and serve costs budgets via email in light of the coronavirus (COVID-19) pandemic. This Q&A is based on the rules in force on 1 October 2020. For guidance on the position under the rules in force during the pandemic prior to this date, see Q&A: Can I file and serve a costs budget by email in light of coronavirus (COVID-19)? The obligation on the parties under CPR 3.13 is to ‘file and exchange’ budgets by the stated time. The rules use ‘exchange’ here rather than serve. This tends to suggest that the usual rules relating to service found in Part 6 of the CPR do not apply to cost budgets. Some caution should be adopted in relation to this approach,
Q&As
We would refer you to Practice Note: Client care—law firms, in particular the section 'Accepting and refusing instructions and ceasing to act'. This explains that you must only act on instructions from the client or from someone properly
Q&As
What do you mean by 'changing the work'? To clarify what kind of changes we envisage being made to the copyright work, these considerations do not cover technical measures that may change works such as downloading music files using the BitTorrent protocol. These responses are given in relation to modification made, for example, to an image or a literary work. Understand what copyright is This is the most significant consideration when dealing with allegations of copying and infringing original works. Copyright recognises the skill and labour or intellectual effort expended by an author in creating a work. It is not a registered right, it arises automatically when a work, such as an image, is recorded, subject to some fairly minimal requirements as to the mental effort used to create it. Where copyright subsists in a work the
Q&As
I have recently been appointed as Court of Protection Deputy for property and financial affairs for an elderly client and have discovered that he does not have a Will. Can I make a Will for him in my capacity as his deputy? Your powers over your client’s property and affairs in your capacity as his Court of Protection Deputy do not extend to making a Will for him. You will need to make an application to the Court of Protection to request
Q&As
Administrative penalties are available under sections 115A or 115B of the Social Security Administration Act 1992 (SSAA 1992). The Department for Work and Pensions (DWP) applies its own enforcement policy when making the decision whether to pursue a civil or criminal route. The penalties policy for social security fraud and error can be viewed here. The DWP's enforcement policy for tax credit offences broadly follows the DWP's enforcement (penalty) policy. However, it departs from the policy in one significant respect in that there is no discretion to impose an administrative penalty under SSAA 1992, ss 115A or 115B for tax credit offences. See the Practice Note: Tax Credit offences. However if a case is not referred to the Crown Prosecution Service, the DWP have discretion to refer a tax credit case to HM Revenue & Customs for HMRCs own civil penalty policy to be applied. The policy can be found here www.hmrc.gov.uk It is HMRC's
Q&As
A judgment or order for costs can be treated the same as a money judgment with regards to enforcement. The fact that the costs ordered were as a result of a successful application to set aside a statutory demand makes no difference. You may find useful Q&A: How do I enforce a High Court Costs Order? For further guidance generally on costs orders, interest and enforcement, see Practice Note: Cost orders—interest, payment and enforcement. Applying for a charging order When applying for a charging order, it must firstly be ascertained whether you are making an application for a charging order via the County Court Money Claims Centre (CCMCC) or in a non-CCMCC case. See Practice Note: Charging orders—procedure for guidance on both. Under CPR 73.3, if you are applying for a charging order in respect of a County Court judgment or order then your application is a charging order CCMCC case unless the application
Q&As
The Criminal Finances Act 2017 (Commencement No 4) Regulations 2018 (SI 2018/78) brings into force the provisions giving rise to the power to seize and forfeit listed assets under sections 303B to 303Z of the Proceeds of Crime Act 2002 (POCA 2002) with effect from 16 April 2018 (section 15 the Criminal Finances Act 2017 (CFA 2017) and the Criminal Finances Act 2017 (Commencement No 4) Regulations 2018, SI 2018/78, r 3(d)). It also brings into force the substantive provisions giving rise to the power to seize and forfeit the money in bank accounts under POCA 2002, ss 303Z1 to 303Z19 (POCA 2002, Pt 5, Chapter 3B) with effect from 31 January 2018 (CFA 2017, s 16 and the Criminal Finances Act 2017 (Commencement No 4) Regulations 2018, SI 2018/78, r 4(b)). However, when it comes to the minor and consequential amendments supporting