EU structure (EU Law)—overview

What is indirect effect of EU law? The doctrine of indirect effect, also called consistent interpretation, imposes on national courts, as organs of the Member State charged with fulfilling EU commitments, a responsibility to construe domestic legislation in the light of EU law, in particular Directives. Through careful judicial reading of applicable national rules it indirectly secures the outcome that direct effect of Directives would deliver where that route is unavailable. The Court of Justice articulated the principle in Von Colson and enlarged its reach in Marleasing. It likewise functions to help to offset, at least to a degree, the adverse legal consequences of the refusal to acknowledge horizontal direct effect of Directives. For further background, consult Practice Note: Direct effect of EU law. Von Colson concerned a request for a preliminary ruling on the interpretation of Directive 76/207/EEC on giving practical effect to the principle of equal treatment for men and women regarding access to employment, vocational training and promotion, and working conditions. The underlying national dispute involved alleged sex discrimination encountered by qualified social workers in obtaining employment in a German prison. Under the relevant German legislation (implementing the Directive in question), in the event of discrimination in...

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 ...