Wedlake Bell
12 Experts
20 Contributions by Wedlake Bell Experts
PRACTICE NOTES
Solicitors working in elderly client matters must be able to seek guidance and liaise with the client’s GP or relevant specialist clinicians, as well as with others engaged in financial decision-making. To do this effectively, they should pinpoint the advice required and identify who is best placed to deliver it. Practitioners also need familiarity with the terminology used and the reasons the advice or report is being sought. This means clarifying what is sought, why it is needed, and who should supply it precisely.
Medical practitioners
On a client’s behalf, practitioners brief clinicians for many purposes, including assessments of capacity for particular legal actions and choices, alongside general health and medication guidance. Likewise, a practitioner acting for, or as, a deputy or attorney may find the patient’s GP seeking their input on varied matters such as completing a DNAR (do not attempt
Private Client
PRACTICE NOTES
Practice Note
This Practice Note sets out the factors to weigh before preparing a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint in a prospective domain name dispute.
It covers:
Preliminary considerations
Is UDRP the right option?
Assessing the merits
Identifying the Registrant
Contacting the Registrant
Pre-UDRP checklist
See also Precedents: Letter of claim—abusive domain name registration (UDRP) and UDRP complaint.
Preparing a UDRP complaint should not be your first move when managing a potential domain name dispute. This Practice Note guides you through what to consider before you begin. By following these steps, many prospective disputes may fall away—saving you or your client time and money; and if you do proceed to draft a UDRP complaint, you can be more confident that you have laid the groundwork for some of the more challenging aspects. This Practice Note and its
TMT
PRACTICE NOTES
This Practice Note covered the background to domain names, how registrations are obtained, and the practical and legal avenues and steps available for resolving domain name disputes.
What is a domain name?
Computers were around long before the internet. In the 1960s and 1970s, the US government financed work on linking computers and allowing people to communicate across different networks. The outcome was technology that enabled systems that were markedly unlike one another to connect through very lightweight mechanisms—namely, internet naming and addressing.
Over time, that architecture has underpinned ongoing advances in both infrastructure, including, for instance, a shift from copper wire to fibre optic cable, and from wired connections to wireless, and in applications, moving from static web pages to rich media and on to voice-over IP telephony, many of which developments were never even imagined by the internet’s original
TMT
PRACTICE NOTES
FORTHCOMING CHANGE:
Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023 and is now known as the Powers of Attorney Act 2023 (PAA 2023). The majority of its provisions remain inactive while secondary legislation is awaited in due course to implement them fully. Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) so as to deliver a more up-to-date lasting power of attorney (LPA) service...
Private Client
PRACTICE NOTES
Demonstrating an employer has breached its duty of good faith is no easy matter.
The implied duty of good faith (often referred to as the implied duty of trust and confidence in contractual settings) originated within pensions law in Imperial Group Pensions Trust v Imperial Tobacco (Imperial) in 1991, and has been shaped by later judicial authorities and case law. A more contemporary formulation appeared in the High Court’s 2011 decision in the Prudential case. As the judge in Prudential observed, that duty is not simply to be fixed at the point of the Imperial ruling. That said, despite its evolution, consensus has since formed that the 2014 High Court decision in IBM v Dalgleish pushed the concept too far when, on its facts, it ultimately found an employer indeed in breach of the duty of good faith. That peak
Pensions
PRACTICE NOTES
Importance of charity in Islam
In Islam, charity is understood as an intimate offering shared between the giver, Allah subhanahu wa ta'ala (SWT) — Allah, the Most Glorified, the Most High — and the person who benefits from the goodwill. It is not a means to seek applause from people; therefore, giving quietly is deemed the most excellent way to give, as discretion preserves sincerity. In certain circumstances, offering support publicly is preferred so that it may motivate others to follow the example and multiply goodness. Charity in Islam is far more weighty and purposeful than a straightforward cash donation. The idea of charity holds a deeper resonance and, consequently, is not confined to material worth; it may appear in many forms within daily conduct. A person’s conduct can itself be a charitable deed when it prompts him to do good from his
Private Client
PRACTICE NOTES
This Practice Note has been created in collaboration with Shafaq Sadiq of Wedlake Bell. In Islam, the ethic of ‘giving and helping’ lies at the heart of faith, as such acts greatly please Allah Subhanahu Wa Ta'ala (swt—the most glorified, the most high). The Islamic institution known as the ‘Waqf’ enables the dedication of wealth and is regarded as a very noble practice encouraged by Islamic law.
for charitable or religious purposes;
and as a means of family wealth management, offering financial stability to the donor’s family during their lifetime or after their death.
Waqf
The core idea of Waqf is sustainability, ensuring a continuing charitable endowment. The term derives from the Arabic ‘Waqafa’, meaning to halt or hold; in essence, ownership ceases by transferring the property wholly to Allah swt. Waqf is a distinctive instrument within Islam.
There is no specific verse in the Quran that
Private Client
PRACTICE NOTES
FORTHCOMING CHANGE:
Following the Government’s formal response to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill obtained Royal Assent on 18 September 2023, thereby becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) designed to create a more modern lasting power of attorney (LPA) service. The changes will include:
introducing regulations that allow all parties involved in making an LPA to choose whether to sign the document digitally or in hard copy;
removing the ability for attorneys to register an LPA, so that registration can be completed only by the donor;
introducing regulations that set out identification verification requirements in relation to LPA
Private Client
PRACTICE NOTES
FORTHCOMING CHANGE:
Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill secured Royal Assent on 18 September 2023 and is now the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions have not commenced, awaiting secondary legislation. Once commenced, the PAA 2023 will make amendments to the Mental Capacity Act 2005 (MCA 2005) to deliver a more up-to-date lasting power of attorney (LPA) service...
Private Client
PRACTICE NOTES
Under section 15 of the Bankruptcy Act 1914 (which preceded the Insolvency Act 1986 (IA 1986)), a public examination was mandatory whenever a debtor was adjudged bankrupt. The IA 1986 provisions remove the obligation to hold a public examination in each and every case, but permit the official receiver (OR) to apply to the court for the bankrupt’s public examination before the bankrupt is fully discharged. This route is commonly taken where the bankrupt has not co-operate d with the OR, for instance by failing to fulfil his/her duty to supply the OR with an inventory of their estate or any other information the OR reasonably requires, or by failing to attend on the OR. Although a public examination is not intended as a fishing exercise, it does enable the gathering of material that will aid the OR and/or any trustee in
Restructuring & Insolvency
PRACTICE NOTES
FORTHCOMING CHANGE:
Following the Government’s response to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill secured Royal Assent on 18 September 2023, and thereby became the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions are not yet in effect, as they await secondary legislation. Once those provisions are brought into force, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more modern lasting power of attorney (LPA) service...
Private Client
PRACTICE NOTES
FORTHCOMING CHANGE:
Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023, and is now the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions have yet to commence, awaiting secondary legislation. Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more up-to-date lasting power of attorney (LPA) service, thereby creating a modern LPA service...
Private Client
PRECEDENTS
Introduction
The current time is [ insert the exact time ] and I commence the creditors' meeting of [ insert name of the company or LLP (Company) ], convened as a general meeting of creditors pursuant to the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, as amended. My name is [ insert name ], of [ insert firm or company name ], acting as [ insert details of role of the chair, eg adviser/[joint] administrator/[provisional] liquidator etc ]. The meeting being held today is quorate, as the required minimum number of creditors is in attendance...
Restructuring & Insolvency
PRECEDENTS
IMPORTANT NOTE
This guide is based on the WIPO model complaint (https://www.wipo.int/amc/en/domains/complainant/) and aligns with the Uniform Domain Name Dispute Resolution Policy (the Policy) approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on 24 October 1999, the Rules for the Uniform Domain Name Dispute Resolution Policy (the Rules) approved by ICANN on 28 September 2013 and effective from 31 July 2015, and the WIPO Supplemental Rules for the Uniform Domain Name Dispute Resolution Policy (the Supplemental Rules) in force from 31 July 2015.
Different UDRP variants can govern a specific disputed domain, so confirm the applicable regime. For example, the .nl (Netherlands) and .ir (Iran) ccTLDs apply their own UDRP adaptations (and for Iran, important sanctions regimes may sometimes apply—ensure ownership and trading via a given ccTLD is permitted), each with separate procedural features. See
TMT
PRECEDENTS
1 Rights in the domain name
Relying on [ a WHOIS enquiry undertaken on [ date of Nominet WHOIS search ] OR Nominet’s reply to a data release request as enclosed as [ insert details of attachment ] ], the domain name [ insert domain name ] (Domain Name) is shown as registered to the Respondent. The outcome of that enquiry is enclosed as [ insert details of attachment ] with this Complaint. The Complainant is the proprietor of [ insert details of trade marks, domain names, brand names, contractual rights, personal names etc ] (Rights). Additional information regarding these Rights is set out below...
TMT
PRECEDENTS
[ date ] Dispatched by [ recorded delivery ] [ email ] to [ insert Respondent’s email address ][ Respondent’s name ][ Respondent’s address ]
Re: [ Disputed Domain Name ]—unauthorised use of [ Marks ]
Dear [ insert organisation name ]
We act on behalf of [ insert Client name and a brief description of its business ]. We are contacting you via the [ email address OR registered office address ] [ shown on the website (the Website) hosted by the domain [ insert details ] OR provided via Nominet in relation to a data release request ]. Our client is the owner of a number of registered [ and unregistered ] trade marks, including:
[ insert trade mark details including proprietor name, filing date, registration number, territory, classes covered, and mark details ]
Enclosed with this letter, as Annex 1, are copies of our
TMT
PRECEDENTS
Identical or confusingly similar
The disputed domain is [ identical OR confusingly similar ] to a word mark that the Complainant owns through valid national or regional registrations and which remains in current use (URS 1.2.6.1). Evidence supporting the Complainant’s trade mark registrations is attached. These registrations relate to the word mark [ insert ] (the Mark) [ which is [ identical ] OR [ if not identical then set out how the domain and the Mark are alike visually, aurally, and conceptually, and explain why confusion is probable ]. ] [ The Mark has also been recorded with the Trade Mark Clearinghouse [ insert details and include in attachment ]. ] For a period of at least [ insert number ] years, the Complainant has deployed the Mark extensively across print media, television, and the internet. The
TMT
CHECKLISTS
An advance decision allows a person to set out refusals of specified medical treatment that will apply in the future if, at that time, they lack the capacity to consent to or decline such treatment. This Checklist highlights the points practitioners should work through when taking instructions and advising a client on creating an advance decision.
Capacity
Assess whether the client has the capacity to make an advance decision; refer to chapter 3 of the Mental Capacity Act 2005 (MCA 2005) Code of Practice.
Lasting power of attorney (LPA) compatibility
Ensure there is no inconsistency between the advance decision and any health and welfare LPA the client has put in place...
Private Client
CHECKLISTS
Annulment: payment in full
Under section 282 of the Insolvency Act 1986 (IA 1986), a bankrupt may apply to have their bankruptcy annulled where they can discharge in full, and in particular in their entirety, the bankruptcy estate’s costs, expenses and claims, or, alternatively, provide security for those sums, as applicable.
This Checklist and timeline sets out the procedure for annulment applications on this basis, identifying each step sequentially after settlement of the estate’s costs, expenses and claims, from payment through to the making of the annulment order, together with the matters that must be addressed once the order has been made, thereafter. It shows the stages in order.
This Checklist and timeline does not apply to, or address, applications brought on the alternative ground in IA 1986, s 282(1)(a), namely a contention that the bankruptcy order should not have been made. For a
Restructuring & Insolvency
CHECKLISTS
Annulment: bankruptcy order ought not to have been made
One of the grounds in section 282 of the Insolvency Act 1986 (IA 1986) on which a bankrupt may seek annulment is that the bankruptcy order should not have been made. This Checklist and timeline summarises the procedure for applications brought on that basis, setting out the journey from preparing the application for issue right through to the making of the annulment order, together with matters to be addressed once the order is made.
Drafting the application for issue
Making of the annulment order
Post-order matters to be dealt with
This Checklist and timeline does not apply to applications relying on the alternative ground under IA 1986, s 282—where the costs, expenses and claims of the bankruptcy estate are paid in full or secured. For a Checklist and timeline dealing with that
Restructuring & Insolvency
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