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This Checklist should be considered in conjunction with Practice Note: Instructing an expert Precedent: Letter of instruction to own expert (with drafting notes) Civil Justice Council Guidance for the instruction of experts in civil claims (from 1 December 2014) This Checklist assumes Proceedings have begun and permission to adduce expert evidence under CPR 35.4 is in place The expert is a witness (not an adviser), is not a single joint expert, and exchange is simultaneous Fees are not contingent and the party is not publicly funded Core confirmations Adherence to CPR 35, PD 35 and the Guidance; independence, impartiality and proportionality; no conflict Operate only within expertise and acknowledge limits; understand sanctions and liabilities Timetable is realistic; immediate notice of any revised opinion; collaborate on questions, meetings, joint statements and hearings Data protection issues The expert has considered the UK GDPR and the Data Protection...
Requirement Compliant Does your new client/matter process flag clients who hold cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013? See Practice Note: Different types of cancellation rights—law firms, and Decision tree: does my client have cancellation rights (from 14.06.2014). If yes, does the process also confirm whether those rights arise from an off-premises contract or a distance contract? Before the client is bound by any agreement, do you provide: the information required by Schedule 2 of the Regs—covered in our 2019 Client care letter—law firms and Terms of business—law firms; notice of cancellation rights—see Instructions for cancellation; a Cancellation form? For off-premises contracts, you must give the information on paper or, if the client consents, on a durable medium, e.g. email. For distance contracts, there is no need for paper or even a durable medium—you may simply provide or make the information accessible to the client, but if you use email or post, the information...
In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...
HMRC has revised VAT Notice 742A about opting to tax land and buildings...
Government response to the consultation on the application of zero hours contracts measures to agency workers What are the implications? The entitlement for a ‘qualifying worker’—that is, a person engaged on one or more zero hours contracts, or on a zero hours arrangement for ‘low hours’—to be offered guaranteed hours matching the hours actually worked within a set reference period will be extended to agency workers. Further, the new protections covering reasonable notice of shifts, together with proportionate payment where shifts are cancelled, shortened, or rescheduled at short notice, will likewise apply to agency workers...
This Practice Note examines the legal and practical outcomes of curtailing and cancelling permission to enter and remain, and their impact. It further summarises the avenues by which curtailment and cancellation may be contested. Advisers should remain alert to the different bases on which curtailment and cancellation could be impugned (for example, for procedural unfairness), so they can shape advice wherever it appears such a step might be contemplated, in any given case and at an early stage. See: The scope of judicial review challenges to curtailment and cancellation. In this Practice Note, the expressions ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. Within the Immigration Rules for simplified routes, the word ‘permission’ has replaced ‘leave’, yet the earlier term continues in other categories of stay and in the relevant legislation. Curtailment Curtailment is the process by which the Secretary of State for the Home Department (SSHD) reduces the extant permission of individuals already present in the...
CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the cancellation of the investigation on 14 September 2020 after the abandonment of the transaction; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation concerning the anticipated acquisition by Taboola.com Ltd of Outbrain, Inc. Both parties supply content recommendation to publishers, including prominent UK news sites. Latest developments On 23 September 2020, the CMA published a notice (dated 22 September 2020) formally cancelling its phase 2 investigation after the parties chose to abandon the proposed transaction. Parties Taboola.com Ltd (Taboola): Taboola provides digital advertising, notably content recommendation via a platform on publishers’ webpages that displays ads for external content under headings such as ‘Content You May Like’, ‘Recommended for You’ or ‘Around the Web’. Its customers include advertisers (individual firms, media agencies and digital advertising service providers), publishers, digital media platforms and readers of publishers’ websites. Outbrain, Inc (Outbrain): Outbrain is...
This Practice Note This Practice Note explains the administrative removal regime as amended by the Immigration Act 2014, identifying who is and is not subject to removal and the destinations to which removal may occur. It also sets out the considerations to be weighed when deciding on removal and the extra safeguards that apply in family situations. Further amendments to removal notices were introduced by the Nationality and Borders Act 2022 (NBA 2022), although not all provisions are currently in force. For additional context, see News Analysis: Nationality and Borders Act 2022—summary for non-asylum practitioners. From 20 November 2023, the process and deadlines for removal notices have been put on a statutory footing, ordinarily requiring a five-working day notice period, which remains effective for 21 days where a first removal attempt fails for reasons beyond the Home Office’s control (see below). As enacted, NBA 2022 also anticipates a system of ‘priority removal notices’ (PRNs), intended to limit the scope for delaying removals through sequential or unmeritorious claims, appeals or...
This Agreement, dated [ • ] 20[ • ], is entered into between the following parties: Parties [ insert name of Borrower ], a company incorporated in England and Wales with registered number [ insert company number ], whose registered office is at [ insert address ] (the Borrower); and [ insert name of Lender ] of [ insert address ] (the Lender). Background (A) [ insert description of background to transaction ]. (B) The Lender has agreed to provide the Facility (as defined below) to the Borrower on the terms and conditions contained in this Agreement...
[ To be typed on headed notepaper ] [ insert date ] Dear [ insert name ] Re: Your mobilisation with the Reserve Forces: employment arrangements We have received a copy of the call-out notice from the Ministry of Defence (MOD) confirming the date of your mobilisation for service with the Reserve Forces ([ insert date ]) and the expected duration ([ insert number ] months). All timings are as set out in the MOD notice. I can confirm we will not be seeking a deferment or cancellation of your mobilisation, nor an exemption from your call-out liability. That said, please inform us if you choose to submit such an application yourself. Below we outline the employment arrangements that will apply before and throughout your whole-time service with the Reserve Forces, covering mobilisation, demobilisation and post-operational leave, and what will follow afterwards. This summary explains what applies immediately before duty starts, during service, and afterwards. I also encourage you to read thoroughly the call-out...
[ To be printed on the Transferee’s headed paper ] [ Insert the Transferor’s address ] [ Insert date ] Dear [ insert name of Transferor ] Notice of cancellation of election to carry out pre-transfer redundancy consultation This letter gives written notice, under section 198A(5) of the Trade Union and Labour Relations (Consolidation) Act 1992, that the election of [ insert name of Transferee ], dated [ insert date ], to conduct pre-transfer consultation is cancelled with immediate effect. [ For the avoidance of doubt, this notice also ends the pre-transfer collective redundancy consultation agreement between [ insert name of Transferor ] and [ insert name of Transferee ] dated [ insert date ]. ] Please confirm receipt by signing, dating, and returning the enclosed counterpart of this letter no later than [ insert date ]. Yours sincerely [ Signature of Transferee’s representative ] For and on behalf of [ insert name of Transferee ] [ On copy...
No estate will be placed on the register until any existing caution has been properly resolved. Should an application to register be lodged, HM Land Registry (HMLR) will alert the cautioner and advise them of their entitlement to oppose it. The cautioner may then submit an objection within the stipulated timeframe. As provided by the Land Registration Rules 2003, SI 2003/1417, r 53, that period usually expires at 12 noon on the 15th business day following the issue date of the Registrar’s notice, unless a different arrangement is agreed. Nevertheless, the cautioner may ask the Registrar, with reasons, to allow extra time. Any such request must be lodged before 12 noon on the 15th business day after the Registrar’s notice is issued...
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) apply to agreements between a trader and a consumer made on or after 13 June 2014. Under CCR 2013, SI 2013/3134, reg 5, three forms of contract are identified: off-premises contracts — regulation 5 sets out four types of off-premises contract distance contracts on-premises contracts — defined as neither off-premises nor distance, meaning a contract concluded at business premises Contracts are further classified, in reg 5, as: sales contracts service contracts digital content contracts CCR 2013 requires the trader to provide the consumer with specified information and, in certain situations, grants a right to cancel. Where a cancellation right exists, the information supplied must include a cancellation notice in the model form, or details of how the consumer can access that form...