Background papers meaning

Checklist and timeline This concise checklist and timetable is prepared from the viewpoint of a claim started under sections 339 and/or 340 of the Insolvency Act 1986 (IA 1986) by a trustee in bankruptcy (trustee). Step/action Time (days) Section/rule Examine the background and circumstances culminating in the debtor’s bankruptcy and the issues underpinning the claim(s) against the respondent(s) (usually those who received the payments/transactions). This encompasses securing the books, papers or records concerning the bankrupt’s estate or affairs that must be handed to the trustee, and conducting interviews with, among others, the bankrupt, the bankrupt’s spouse, former spouse, civil partner or former civil partner, and any person who appears able to provide information about the bankrupt or their dealings, affairs or property, as relevant to the matters in issue. No limit (subject to limitation) IA 1986, ss 365–366 Prepare and issue the application containing the particulars required by Insolvency (England and Wales) Rules 2016 (IR...

Checklist The Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 1986 (IR 2016), SI 2016/1024, confer on insolvency office-holders the authority to secure possession of a company’s or bankrupt’s property—covering books, papers, accounts and other records—and to oblige specified individuals or entities to deliver up information concerning the affairs and assets of the insolvent company or individual. For further reference, see: Evidence and evidence gathering—overview. This checklist charts the steps from the first request for information or property through to an application to the court. Investigate the background events and circumstances that led to the company’s insolvency or the individual’s bankruptcy. For companies, this includes seeking delivery up of the company’s property and obtaining production of books, papers and other records (including accounting information and bank statements) to which the company appears to be entitled, and interviewing directors, former directors and any persons capable of providing information regarding the promotion, formation, business, dealings, affairs or property of the company...

What is the background to the call for evidence? Following Chancellor of the Exchequer Jeremy Hunt’s Mansion House address the night before, the DWP launched the call for evidence. Issued in tandem with several other DWP publications, these materials covered a broad spread of topics affecting UK pension schemes. Their shared aim was to boost investment in UK productive finance whilst shielding members’ benefits and giving precedence to a resilient, diversified gilt market. The Chancellor characterised the proposals across the various papers as the ‘Mansion House reforms’. The DWP placed the Response alongside further papers pertinent to DB pension schemes, including: the Autumn Statement 2023, which confirms that the Government will reduce the authorised surplus payments charge, currently payable on a return of surplus to a scheme employer, from 35% to 25% from 6 April 2024; and Call for evidence outcome: Pension trustee skills, capability and culture What was the outcome? ...

Emagine Films Ltd v Mister Smith Entertainment Ltd and another company [2019] EWHC 2085 (Ch) (30 July 2019) What are the practical implications of this case? This decision underlines how difficult it is to legislate for every eventuality in preliminary papers for complex deals, and how implied terms can be used to address unforeseen gaps. An unanticipated issue arose after the term sheet was signed: the producer declined to accept terms consistent with those originally contemplated. The problem did not lie in the term sheet anticipating further formal documentation; that feature did not, by itself, render the arrangement uncertain or ineffective. Rather, the difficulty stemmed from the producer’s refusal to agree to fundamental matters that both Mister Smith and Emagine had assumed would be accepted. In those circumstances, the court was willing to imply a term that brought the term sheet contract to an end. The outcome illustrates that, where expectations central to a term sheet are not met, an implied term may operate to terminate the...

Note: the CPRC has ceased distributing the supporting background papers alongside the minutes; accordingly, this News Analysis does not include documents elucidating the topics considered. A copy of the minutes can be found here: Minutes of the Civil Procedure Rule Committee. Welcome, action log and matters arising (item 1) The minutes of the 5 July meeting were formally approved and the action log was noted—see News Analysis: Minutes of the CPR Committee meeting—5 July 2024. The following items were considered: Ryan Morris v Williams & Co Solicitors [2024] EWCA Civ 376—the matter had previously been covered under item 4 in the Minutes of the CPR Committee meeting—held 5 July 2024...

ARCHIVED: This archived Practice Note summarises background on changes to criminal procedure that took effect on 6 April 2015 under the Criminal Procedure (Amendment) Rules 2015, SI 2015/13 and the Criminal Procedure (Amendment No 2) Rules, SI 2015/646. These regulations have been revoked. The current rules on criminal procedure are contained in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. The 2015 amendments revised the Criminal Procedure Rules, SI 2014/1610 (Crim PR 2014), to provide for: ground rules hearings; advance notice where further evidence is to be introduced on an appeal to the Crown Court from a magistrates’ court; and trial by a single justice on the papers. These changes commenced on 6 April 2015. Ground rules hearings Crim PR 2014, SI 2014/1610, r 3.9 (Case preparation and progression) is amended to set out in greater detail the steps the court must take where directions are made for the appropriate treatment and...

CASE HUB ARCHIVED This archived case hub sets out the position as at the judgment dated 18/01/2019; it is no longer maintained. See further, timeline and commentary Case facts Outline J Sainsbury plc and Asda Group Limited appealed two decisions about the procedural timetable for their proposed merger with each other, arising during the CMA’s review. The decisions concerned: the deadlines by which the parties had to respond to a range of working papers; the timing set for the parties’ main party hearing. Parties J Sainsbury plc (Sainsbury’s) and Asda Group Limited (Asda). Competition and Markets Authority (CMA). Background On 12 December 2018, Sainsbury’s and Asda made an application to the Competition Appeal Tribunal (CAT) seeking judicial review of the CMA’s timetable and procedure within its investigation into the proposed merger between the parties (see further, J Sainsbury/Asda). On 19 September 2018, the CMA referred the proposed merger to an in-depth...

ARCHIVED: This archived Practice Note is no longer updated and serves for background information only...

Private & confidential [ Insert name and address of expert ] [ Insert date ] Dear [ insert name of expert ] [ Insert case heading, eg Ms R Jones v Supermarkets Plc, ET Case Number: 12345 ] Instruction to act as single joint expert Thank you for agreeing to serve as the expert witness in this matter. As noted, you will be appointed as a single joint expert. We represent [ insert name of client ], who is [ bringing OR defending OR an employment tribunal claim against [ insert name of opposing party/parties ]. This letter has been countersigned by the solicitors for [ insert name of opposing party/parties ] to confirm their agreement to the terms set out herein. The purpose of this correspondence is to provide the relevant factual context, supply the key papers, and identify the issues you are asked to consider. As an expert witness, you will be aware of your duties and the need...

Date [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Seller) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Buyer) 1 Definitions In this Agreement, the terms below shall be interpreted as follows: Buyer's Solicitors – [ name ] of [ address ] (reference [ details ]); Documents – the papers relating to the Property as set out in the Schedule; [ Exclusivity Fee • £[ amount, in figures ] [ ([ amount, in words ] pounds) ] ; ] Heads of Terms – the key provisions attached to this Agreement at the Appendix; Legislation – all laws effective in the United Kingdom at any time during the term of...