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Usually a written agreement between insolvency representatives from one or more jurisdictions to aid co-operation in cross-border restructurings/insolvencies, also known as cross-border insolvency agreements.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
Multi-track—case management—checklist This checklist is based on what is required for a case proceeding on the multi-track under CPR 29 and CPR PD 29 (which deal with case management in the multi-track). It should be read in conjunction with Practice Notes: Multi-track—case management and Multi-track—case management conference (CMC), which give guidance on case management generally and case management conferences (CMCs) in the multi-track. This Checklist sets out a broad overview of some of the case management issues to be considered and addressed early in proceedings and before any CMC is held. It is not a definitive list and you will need to consider each of the issues in more detail as relevant to the facts of the specific case. The approach taken by the court to managing the claim will also differ depending on the court in which the claim is proceeding and you will need to consider the specifics of case management in the particular court, including the guidance given in that court’s guide. For more information, see: Court...
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RationaleIn certain cross-border restructuring or insolvency cases, a protocol between the relevant parties in each different jurisdiction may help co-ordinate the overall process, reduce costs and so increase returns generally for creditors as a whole, wherever located.Protocols are generally written agreements (although occasionally may be oral) dealing with actual and/or potential matters of conflict and can also be called a:•cross-border insolvency agreement (see the UNCITRAL Practice Guide)•compromise agreement•memorandum of understandingThere is no set format for protocols and one of their main benefits is that they can be tailored to fit the circumstances of each case. UNCITRAL has produced a helpful Practice Guide (2010), providing information for practitioners and judges on practical aspects of co-operation and communication in cross-border insolvency cases which includes sample clauses for protocols. It is not intended to be prescriptive, rather to illustrate how the resolution of issues and conflicts could be facilitated.Most protocols to date have been drafted in English or English and one other language, though obviously these may need to be translated into several...
Development of EU climate change policy Context Humans are increasingly influencing the climate and the earth's temperature by burning fossil fuels, cutting down rainforests and farming livestock. All of this adds enormous amounts of greenhouse gases to those naturally occurring in the atmosphere, increasing the greenhouse effect and global warming. Some gases in the earth's atmosphere act a bit like the glass in a greenhouse, trapping the sun's heat and stopping it from leaking back into space. Many of these gases occur naturally but human activity is increasing the concentrations of some of them in the atmosphere, in particular: • carbon dioxide (CO2) • methane • nitrous oxide • fluorinated gases CO2 is the greenhouse gas most commonly produced by human activities and it is responsible for the majority of man-made global warming. Other greenhouse gases, such as methane and nitrous oxide, are emitted in smaller quantities, but they trap heat far more effectively than CO2. Rising emissions are caused by: • burning fossil fuels (ie coal, oil...
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Letter of claim—peer-to-peer copyright infringement Letter of claim [Alleged infringer’s name and address] [Date] Dear [insert organisation name] Copyright infringement: [Name and description of copyright works] We are writing on behalf of [name and address of client] (‘our client’). We are writing to you about your activities and actions, which amount to an infringement of our client’s copyright. [Name of client] Our client operates in [describe: eg the computer games industry; what the copyright owner does; who in the company produces the copyright works, if relevant, how they are employed and what the copyright work is. Define or give the name of the copyright work]. Our client is the [owner OR owner-assignee OR non-exclusive licensee OR exclusive licensee] of copyright in the copyright work, a copy of which is available for inspection at our offices on request. [In accordance with section 11(2) of the Copyright Designs and Patents Act 1988 (CDPA 1988), our client owns the copyright subsisting in the copyright work because it is...
Letter of claim for negligently performed surgery Dear [insert organisation name] Letter of Claim [insert claimant’s name] v [insert defendant’s name] We have been instructed to act on behalf of [insert claimant’s name] in relation to treatment carried out/care provided at [insert name of defendant hospital] by [insert name(s) of surgeon(s) if known] on or around [insert date(s)]. Please let us know if you do not believe that you are the appropriate defendant or if you are aware of any other potential defendants. This letter is sent pursuant to the Pre-Action Protocol for the Resolution of Clinical Disputes. You should acknowledge receipt of this letter in writing and identify who will be dealing with this matter within 14 days. Failure to acknowledge receipt may result in the Claimant issuing proceedings without further reference to you. Further within four months of receipt of this letter you should provide a Letter of Response setting out whether the claim is admitted or denied and provide copies of any...
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Where two individuals jointly instruct a solicitor to act in the purchase of a property, is each individual entitled to require the solicitor to provide a copy of the conveyancing file? Case study Two individuals have jointly instructed a solicitor to act in the purchase of a property. The parties are now separately represented and one is bringing a Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim against the other. One of the parties wishes to know whether each individual is entitled to require the solicitor to provide a copy of the conveyancing file. See the case of Hamilton and Dixon Group Sipp v Hastings and Company (Solicitors). The case considers a party’s entitlement to view documents held by a solicitor where the same was acting under a joint retainer. Deeny J followed the position expressed by The Law Society of England, and held: '… Each client is entitled to a copy of the relevant documents at their own expense. It seems to me that...
If the court has ordered a joint instruction of an expert, but the other side is disregarding that and going ahead with its own expert only, what are the consequences? Experts and those instructing them are expected to have regard to: • all relevant CPR Rules and Practice Directions, and • the Guidance for the instruction of experts in civil claims ('the Guidance'). Note: on 1 December 2014, the Guidance replaced the 'Protocol for the Instruction of Experts to give Evidence in Civil Claims' which had been annexed to CPR PD 35 • Practice Direction Pre-Action Conduct and Protocols, para 7, and • any relevant provisions depending on the track and/or the court in which your matter is proceeding The court's power to direct evidence be given by a single joint expert ('SJE') is within CPR 35.7(1). See Practice Note: Single joint experts. CPR 35.4 provides there is no right for a party to call an expert to give oral evidence at trial or to put in...
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Welcome to this week’s edition of the TMT weekly highlights: a hand-picked summary of news analysis, updates and new content from across the technology, media and telecoms sectors. These highlights focus on key topics including new technologies, software, cloud computing, internet, outsourcing, music, film & television, publishing, defamation and telecoms.
This week’s edition of Family weekly highlights includes details of the changes to the HMCTS Family Public Law service to improve the Form C110a application journey and a speech delivered by the Master of the Rolls, Sir Geoffrey Vos, at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System in resolving disputes, together with the new Online Procedure Rules (Specified Proceedings) Regulations 2025. The Court of Appeal’s clarification of whether a local authority with a care order for a child can consent to that child's confinement is analysed. Recent judgments, including the application for the appointment and funding of a lay advocate and declaration of non-parentage post-adoption are included.
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