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What are pharmaceutical incentives? In the EU, protection mechanisms and incentives for medicinal products, grouped under the term pharmaceutical incentives (PIs), are in place. PIs comprise legislative measures that give originator pharmaceutical companies (originators) a degree of advantage over companies selling medicines with the same active substance at far lower prices (generic or biosimilar companies)-ranging from market protection (MP), through extensions of patent rights, to several years of market exclusivity for a medicinal product. Rationale behind PIs PIs were introduced in the EU to encourage and support originators in discovering and developing new medicinal products. While innovation and discovery typically require considerable time and financial investment, only limited effort is needed to use the knowledge generated afterwards. When a generic or biosimilar company reproduces an invention, it often does not bear the substantial research and development (R&D) costs of creating it and can therefore sell the
Claims by contractors for time and/or money Requests from contractors seeking additional time and/or payment are commonplace on construction projects. A time claim seeks an extension of time (EoT) to complete the works (or achieve a contractual milestone) where a delay event has occurred, whereas a money claim typically pursues reimbursement of extra loss and/or expense incurred by the contractor due to delay or disruption to the works. Such a claim might likewise be brought by a sub-contractor under a sub-contract. These claims are usually founded on an express contractual entitlement—ie the contract specifies situations in which the contractor is entitled to time and/or money—and they are advanced and decided in accordance with the contract terms. They do not, of themselves, involve a breach of contract or require there to be a dispute between the parties, although they may ultimately give rise to
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) whose registered office is at ] [ address ] (Guarantor) ] 1 Definitions For this Deed, the terms below shall have the following meanings: Effective Date • [ today OR the date of this Deed OR [ other date on which the variation is to take effect ] ] [ Guarantor’s Obligations • the covenants undertaken by the Guarantor in [ the Lease OR a [ describe other
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The circumstances in which an incumbent office-holder needs to resign from their appointment are: ill-health retiring as, or stopping practice as, a licensed insolvency practitioner ( IP) a conflict of interest, or a shift in personal circumstances, that prevents or renders impracticable the continued performance of duties Examples include curtailment or withdrawal of the IP’s licence to act, the IP changing firm with appointments not transferring, or alternative arrangements being put in place for those appointments. This Checklist should be read alongside the Checklist on the block transfer of office-holder appointments: Procedure for block transfers of office-holder appointments—checklist, as a block transfer order can often be the speediest and most economical means of addressing the situation. Further guidance appears in the Practice Note: Block transfer orders—the law and practice. An office-holder can also be displaced by creditors, which may need to be factored in. For more...
This Checklist should be read in conjunction with the Practice Note: Block transfer orders—the law and practice. Read this Checklist alongside the Practice Note: Block transfer orders—the law and practice. There are three principal scenarios that necessitate a block transfer of office-holder appointments: where an office-holder dies on the retirement of an office-holder from practice where an office-holder is otherwise unable or unwilling to continue in office. This may happen if an office-holder moves firms, or loses their licence to practise as a result of regulatory action The Insolvency ( England and Wales) Rules 2016 ( IR 2016), SI 2016/1024, rr 12.35–12.38, govern applications to the court for the block transfer of cases from one office-holder to another. The block transfer application process applies to the following types of appointment: compulsory liquidation (winding up by the court) voluntary...
Caveat is entered Non- Contentious Probate Rules 1987 ( NCPR 1987), SI 1987/2024 (as amended) Apply for a caveat online or via Form PA8A (see the forms tab within the Probate actions subtopic) — NCPR 1987, SI 1987/2024, r 44(2). The caveator lodges the caveat at the Principal Registry of the Family Division or at a district probate registry by post or electronically — NCPR 1987, SI 1987/2024, r 44. Fee: £3; if submitted electronically, payment must also be electronic — NCPR 1987, SI 1987/2024, r 44. The deceased’s name is recorded in the index of caveats — NCPR 1987, SI 1987/2024, r 44(4). Unless otherwise provided, the caveat endures for six months from the date of entry — NCPR 1987, SI 1987/2024, r 44(3)(a). The index of caveats is checked — NCPR 1987, SI...
ARCHIVED: This Checklist has been archived is not maintained. In Scotland, application for Judicial Review must be submitted, using the prescribed format, to the Court of Session. This Checklist outlines the principal procedural steps and the relevant time limits for judicial review in Scotland, consistent with Chapter 58 of the Rules of the Court of Session. Note: time limits may differ. The Court of Session Rules invite the court to allow extensions to time limits where the Lord Ordinary is persuaded that a longer period is required......
This Checklist summarises selected procedural requirements set out in the Rules of the Court of Session 1994 ( RCS) concerning reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it considers whether a reclaiming motion is competent, whether leave to reclaim is required, and the relevant time limits. For guidance on: other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland appeals from decisions of the Inner House, see Practice Note: Appeals to the UK Supreme Court in Scottish civil cases the equivalent in England and Wales, see Practice Notes: Civil appeals: general and preliminary...
Stop Press: On 31 March 2026, the President of the Family Division, Sir Andrew Mc Farlane, released consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, coming into force on 5 May 2026. This replaces the 2014 public and private law guidance and establishes a single framework for allocation across all children cases. It clarifies the functions of gatekeeping teams, aligns allocation choices with contemporary procedural pathways (including Child Focused Courts), and underscores key principles of judicial continuity, proportionality and the efficient deployment of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Procedural Guide is presently being revised to align with the President’s guidance. It outlines the procedure for applications under section 8 of the Children Act 1989 for a specific issue order to resolve a particular question connected with parental...
Under the Protection from Harassment Act 1997 ( PHA 1997), pursuing a course of conduct that amounts to harassment is a criminal offence; the Act also creates a civil wrong permitting claims for damages and supporting injunctions. Both the High Court and the county court may grant injunctions restraining harassment to protect individuals. Where a client cannot rely on Pt IV of the Family Law Act 1996 ( FLA 1996) because eligibility criteria are not met, or where compensation is sought for anxiety caused by harassment and for any resulting financial loss, recourse may instead be available under the PHA 1997. Conversely, if the harasser and the victim are ‘associated persons’ as defined in FLA 1996, s 62(3), the FLA 1996 often provides broader and potentially more suitable remedies, particularly where occupation of the family home is in issue....
Procedural Guide This Procedural Guide explains the steps for making an application under the Children Act 1989 ( Ch A 1989) for a parental responsibility order. It sets out who holds parental responsibility, who may apply—such as unmarried fathers, step-parents and female parents—and the pre-action requirements. It also summarises the principles the court applies, the directions it can issue, the presumption of parental involvement, the rules on service, and how long an order lasts. Under the Ch A 1989, parental responsibility means the full range of rights, duties, powers, responsibilities and authority that the law gives a child’s parent in relation to the child and the child’s property. Parental responsibility can be obtained in several ways, including: By agreement; By an order of the court. In some situations, people who are neither parents nor step-parents may acquire parental...
Procedural Guide This Procedural Guide outlines the procedure for seeking an occupation order under Part IV of the Family Law Act 1996 ( FLA 1996). It explains who is eligible to apply, the court’s evaluative criteria, and the additional requirements for without notice (ex parte) applications, together with rules on service, the approach to undertakings, and the availability of a power of arrest. It also addresses how long an order may run, how to draft the order, and the standard order 10.2—occupation order. An occupation order is an order under FLA 1996, Pt IV that primarily determines who has the right to occupy a property. The court may declare, confer, or regulate occupation rights in the family home as between family members or those in a domestic relationship. FLA 1996 identifies five scenarios in which the court may issue an occupation order; namely FLA 1996, ss 33, 35,...
STOP PRESS : Note that the President of the Family Division, Sir Andrew Mc Farlane, has introduced fresh guidance coming into force on 12 January 2026: President of the Family Division’s Guidance 2026 Non- Molestation Orders under the Family Law Act 1996 ( FLA 1996). It supersedes the Practice Guidance on non-molestation injunctions under FLA 1996 dated 14 July 2023, and features two annexes, a revised template for a non-molestation order pursuant to FLA 1996, s 42, together with Form FL435 ( Response to a non-molestation order). In parallel, the Family Justice Council has published Family Justice Council Best Practice Guidance for Practitioners on Making an application for a Protective Injunction under the Family Law Act 1996, incorporating a Model Witness Statement with guidance notes at Annex 1. This Procedural Guide is in the process of being updated to mirror these impending changes. See: LNB News...
Removing a child from the jurisdiction Taking a child out of the jurisdiction without the necessary consent(s) can constitute an offence under the Child Abduction Act 1984 ( CAA 1984). Refer to the Practice Note titled: Child abduction—criminal action and electronic tagging. Where there is no existing child arrangements order ( CAO) in force regulating the child’s living arrangements, the requisite consent must be obtained in advance of removing the child from the jurisdiction from the following: each person with parental responsibility the father (whether or not he has parental responsibility for the child) Failure to do so creates a risk of breaching CAA 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction. If a CAO is in place regulating the child’s living arrangements, section 13 of the Children Act 1989 ( Ch A 1989) provides that a child may not be...
Procedural Guide This Procedural Guide explains the stages of the express financial remedy ( EFR) procedure, running currently as a pilot from 7 April 2025 to 2 April 2027 in certain Family Court venues, and limited to matters where the total combined net assets, excluding pensions, are under £250,000. For cases falling within the pilot, the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, together with the related Practice Directions, are varied pursuant to FPR 2010, PD 36ZH. For fuller, practical direction on the EFR, please refer to Practice Note: Express financial remedy procedure—pilot scheme......
Procedural Guide This Procedural Guide explains the process for seeking an enforcement order under the Children Act 1989 ( Ch A 1989) to secure compliance with a child arrangements order ( CAO). Such an order may require the respondent to complete unpaid work. It sets out details of the following: Who can apply Pre-action requirements Criminal standard of proof Orders the court may make Restrictions on making an enforcement order The procedure applies where a CAO has a warning notice properly attached and it is alleged the order has been breached, making enforcement necessary. Enforcing contact provisions can be difficult where the parent with whom the child lives is opposed to contact. Under Ch A 1989 the court has extended powers to enforce all provisions of CAOs, not just those about contact but also those concerning a child’s living...
Procedural Guide This Procedural Guide explains the actions required for cases lodged with the court on or before 5 April 2022 for an uncontested divorce (a request for a matrimonial order) under the Matrimonial Causes Act 1973 ( MCA 1973), where the divorce is progressing by non-electronic means, namely a paper-based process (on paper). It provides guidance on who may seek a divorce, irretrievable breakdown, the lodging and service of the divorce petition ( Form D8), and the filing of an acknowledgement of service. It further sets out the evidence that must be supplied to establish the fact relied upon, the steps for seeking decree nisi and submitting the supporting statement, decree absolute, and the rules in relation to costs in divorce proceedings... The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Matters issued by the court on or after 6...
The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) It took effect on 6 April 2022. Any divorce case issued by the court from that date falls under DDSA 2020 and the revised procedural regime in the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more detail, refer to Practice Notes: Introduction to the Divorce, Dissolution and Separation Act 2020 and Commencing and filing an application for a divorce, dissolution or judicial separation order (post- DDSA 2020). This note sets out the position for proceedings started on or after 6 April 2022 by the court. Matters issued by the court on or before 5 April 2022 will continue in line with the pre- DDSA 2020 framework, regardless of whether they were lodged via the digital system or using paper forms. Those applications are unaffected by the...
Procedural Guide This Procedural Guide explains the process to follow for an application to dissolve a civil partnership, in an undefended matter under the Civil Partnership Act 2004 ( CPA 2004), for proceedings issued before 6 April 2022. It provides direction on: who can apply irretrievable breakdown service of the petition filing an acknowledgement of service It further outlines the evidence required to prove the relied-on fact, making an application for a conditional order of dissolution, obtaining the final dissolution order, and the approach to costs. The Divorce, Dissolution and Separation Act 2020 ( DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural changes under the amended Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955. For more...
Procedural Guide: Applications for Child Arrangements Orders under section 8 Children Act 1989 This Procedural Guide outlines the procedural steps for applying under section 8 of the Children Act 1989 ( Ch A 1989) for a child arrangements order ( CAO). It covers eligibility to apply, pre-action obligations including attendance at a mediation information and assessment meeting ( MIAM), the court’s guiding principles, and provisions for non-court dispute resolution ( NCDR). It also addresses service requirements and the criteria for without notice (ex parte) applications. Allocation, gatekeeping and safeguarding processes are explained, together with what may occur at the first hearing dispute resolution appointment ( FHDRA) and the dispute resolution appointment ( DRA), as well as the approach to fact-finding hearings, vulnerable witnesses and the final hearing. A CAO is one of the orders available to the court under Ch A 1989, s 8. It is an...
Procedural Guide This Procedural Guide explains the process for seeking an attachment of earnings order under the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010, SI 2010/2955, Pt 39, to enforce a maintenance order by directing deductions straight from a debtor’s earnings... Eligibility to apply Handling arrears exceeding 12 months Obligations of the employer and the debtor Where the judgment debtor is an employed individual, the judgment creditor may apply to enforce the judgment against the debtor’s wages or salary. If granted, the employer must make regular deductions from the debtor’s pay and remit those sums to the court. This is referred to as an attachment of earnings order ( AEO). See also Practice Note: Attachment of earnings order... FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings that began, but were not concluded, before 6 April 2016 (when...
This Procedural Guide explains how to pursue an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996) by a trustee of land, or by a beneficiary with an interest in property held on a trust of land. It provides direction on: the threshold for bringing an application and the pre-action protocol Part 36 offers under the Civil Procedure Rules 1998 ( CPR), SI 1998/3132 evidential needs and the range of orders the court may make An application under TOLATA 1996, s 14 can be brought by a trustee of land or a beneficiary with an interest in property subject to a trust of land. In addition, any other person with an interest in that property, for example a mortgage company, has standing to commence a claim. The court enjoys a wide discretion to make directions about the...
Procedural Guide This Procedural Guide outlines the approach to applications made under section 17 of the Married Women’s Property Act 1882 ( MWPA 1882) or section 66 of the Civil Partnership Act 2004 ( CPA 2004), for spouses and civil partners, extended to former spouses, former civil partners and those previously engaged. MWPA 1882, s 17 and its civil partnership analogue allow the court to determine, in a summary fashion, disputes concerning title to or possession of property between spouses or civil partners. In practice, this route is seldom used given the extensive range of orders available under Part II of the Matrimonial Causes Act 1973 and CPA 2004, Sch 5. Applications may likewise be issued by former spouses and civil partners, and by individuals who were formerly engaged (technically, parties to a terminated agreement to marry or civil partnership agreement) within three years of the...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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