Compensation order meaning

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Cobult UG v TAP Air Portugal SA, Case C-76/23, ECLI-EU-C-2024-253 What are the practical implications of this case? This ruling permits carriers that had not previously offered travel vouchers as an alternative to monetary compensation to introduce them, on condition that passengers are provided with clear, transparent details, in plain and accessible terms, about the alternative reimbursement options available, and that the passenger is aware of the choices and gives informed consent to accepting travel vouchers in place of a cash payment. It also establishes that a passenger’s completion of an online form fulfils the requirement for a ‘signed agreement’ to be obtained in order to refund the price of the ticket by way of travel vouchers. Informed consent is not achieved where reimbursement is linked to: ambiguous or incomplete information; information expressed in a language not understood by the passenger; or the passenger having to take extra steps to obtain one form of reimbursement over another. Carriers...

Original news Ms Y (CAS-87387-G9Y9)—4 April 2025 Summary The Deputy Pensions Ombudsman has partly upheld a complaint relating to a pension sharing order. There was no obligation on the Scheme to alert the parties to a statutory time limit for implementing a pension sharing order. Nevertheless, the Scheme’s failure to recognise that the divorce was subject to Scots law—which differs from English law in divorce cases—constituted maladministration, and the complainant was awarded compensation for significant distress and inconvenience. This decision highlights the need for pension schemes to have appropriate procedures for any Scottish members. What were the facts? Ms Y’s spouse (Mr Z) was a member of the Friends Provident Pension Scheme (the Scheme). Ms Y and Mr Z divorced and their divorce was governed by Scots law. Under Scots pensions legislation...

ARCHIVED : This archived Practice Note was prepared with reference to the earlier/old Electronic Communications Code (the previous Code) and addresses the distinctions between the general and special regimes under that earlier Code; however, its substance still bears on the transitional provisions contained in the new Code and therefore remains pertinent. It is not maintained and is provided solely as background information. The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) took legal effect on 28 December 2017 and is now in force. The transitional provisions in the new Code, found in Schedule 2 to the Digital Economy Act 2017, state that although subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) continue to operate as an agreement under the new Code, they are subject to modifications, as necessary, including, in particular, regarding termination for certain subsisting agreements. Those transitional provisions also safeguard the operator’s or...

This Practice Note explores in detail how restraint orders, confiscation proceedings and compensation orders are deployed in private prosecutions. Restraint orders in private prosecution proceedings For an overarching guide to the operation, mechanics and effect of restraint orders in general, see: Restraint and confiscation—overview. A restraint order operates to freeze property and to preserve a defendant’s assets so that they remain available to meet any confiscation order imposed following a successful prosecution and conviction. For further background, see Practice Note: Restraint orders—What is a restraint order? Applications seeking restraint orders are made in the Crown Court under the Proceeds of Crime Act 2002 (POCA 2002) and can be pursued before any arrest has occurred and/or before proceedings have commenced (commonly described as pre-charge restraint orders), or later within an investigation or prosecution, including post conviction. POCA 2002, s 40 identifies five circumstances in which the Crown Court may make a restraint order. For additional information, see Practice Note: Restraint orders—Conditions for the grant of a restraint order and...

Context The compulsory purchase regime is founded on the premise that a proprietor of land, or of rights, that are compulsorily taken or disturbed is entitled to be compensated. Consequently, working out the compensation is a central part of the compulsory purchase process; see: Promoting a compulsory purchase order, covering preparation of the order, its supporting documents and the making of the order. This Practice Note sets out the core principles for assessing compensation arising from the compulsory acquisition of an interest in land. Compulsory acquisition must rest on specific statutory authority, whether for taking the land itself or rights in or over it. The Royal Prerogative is reserved to the Crown, and even the Crown typically prefers to expropriate or requisition land under statutory powers. Most acquisitions proceed under Public General Acts, for example the Highways Act 1980 (HiA 1980). The making and confirmation of a compulsory purchase order (CPO) is usually regulated by the Acquisition of Land Act 1981 (ALA 1981). See Practice Note: Sources and limits...

This TRUST is dated [ date ] Parties [ name ] of [ address ], represented by [ name ] of [ address ] (the Litigation Friend) [ name ] of [ address ] and [ name ] of [ address ] (the Original Trustees) Background The Trust is named [ insert name ] (the Trust). The Trust is created to accept the compensation payable for a personal injury to [ insert name ] (the Beneficiary), who lacks capacity to manage their property and financial affairs under the Mental Capacity Act 2005. Following the personal injury, legal proceedings [ under Claim Number [ insert number ] ] were commenced and an order for payment of compensation was made on [ date to be completed once order is made ]...

INSOLVENCY ACT APPLICATION NOTICE Use with an application notice complying with Insolvency (England and Wales) Rules 2016, SI 2016/1024—see Form IAA (IR 2016, r1.35 VAR) and corporate insolvency application notice. Case No: [insert]. Court: High Court (Business and Property Courts—Insolvency and Companies List (ChD)) or County Court at [insert]. Between [Applicant(s)] and [Respondent(s)]. Matter: [company] and the Insolvency Act 1986. Under s212 Insolvency Act 1986. Applicant(s): [names/addresses]. Respondent(s): [names/addresses]. Heard by [judge level] at [court/hearing centre]. Within existing proceedings? YES/NO. Court ref: [insert]. Declaration that Respondent(s) breached fiduciary/trust/statutory duties by causing or permitting the Company to [details]. Order that Respondent(s) [jointly and severally] account to Applicant(s) (liquidator(s)) for [sum], or as the Court thinks fit. Alternatively, equitable compensation/damages of [sum], or as the Court decides. Interest in equity or under s35A Senior Courts Act 1981 at rate and period the Court thinks fit. Costs of and incidental to this application. Further or other relief as the Court thinks fit....

This Agreement is entered into on [ insert date or leave date blank ]. Parties [ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ] and whose company registration number is [ insert Employer’s company number ] (‘Employer’); and [ Insert Employee’s name ] of [ insert Employee’s address ] (‘you’) Recitals [ Your employment with the Employer [ or the Group Companies ] has been ongoing since [ insert date employment started ] OR you were employed by the Employer and/or the Group Companies from [ insert start date ] to [ insert Termination Date ] [ , latterly ] ] under [ a contract of employment OR service agreement ] with the Employer dated [ insert contract date ] (Employment Contract). [ You are presently bringing a claim in the employment tribunal against the Employer [ and [ insert details of any other parties to the relevant tribunal claims ] ]...

Section 213 of the Housing Act 2004 (HA 2004) sets out the obligations on landlords who take a deposit in relation to an assured shorthold tenancy. Every deposit must be handled in line with an authorised scheme (HA 2004, s 213(1)), and the scheme’s initial requirements must be met within a period of 30 days from receipt of the deposit (HA 2004, s 213(3))...