“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
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For the approach applying from 1 October 2020, refer to: Issues to consider when completing costs budget—checklist. This Checklist addresses the position up to and including 30 September 2020. It explores the range of points that can surface when preparing a costs budget, otherwise referred to as Precedent H. It is presented as a series of questions and answers. Bear in mind that case costs differ according to each matter’s particular facts; accordingly, the topics outlined below are generic in nature. A link is also included to a fully interactive version of Precedent H. General comments Question Response Question: Must I complete a costs budget?Response: A costs budget must be prepared, filed with the court and served on the other parties to the proceedings unless the proceedings are excluded from the costs budgeting rules. Where excluded, no budget is required unless the court orders otherwise, eg the claim value is equal to or greater than £10m. For information, see Practice Note: Costs management and costs...
General comments This Checklist addresses a range of points that may surface when preparing a costs budget, also called Precedent H. It is presented as a series of questions and answers. When producing a costs budget, bear in mind that the costs in any case will vary with the particular circumstances of that matter, so the issues highlighted below are, accordingly, generic. A link is also supplied to a fully interactive Precedent H. When must a costs budget be filed and exchanged? A costs budget must be prepared, filed with the court and served on the other parties unless the proceedings are excluded from the costs budgeting rules. Where an exclusion applies, a budget is not required unless the court directs otherwise, eg the claim value is equal to or exceeds £10m. For information, see Practice Note: Costs management and costs budgeting—general principles. Is there a deadline for filing the costs budget? Yes, there are time limits by which the parties must file and exchange...
In this issue: Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Insolvency offences and Companies Act offences Local authority prosecutions Money laundering Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Email caution offers a rare glimpse into SFO record-keeping. Disclosures show a Serious Fraud Office (SFO) official urged investigators to avoid setting out case concerns in emails, highlighting how grinding disclosure disputes shaped the agency’s approach while it was under intense scrutiny over its evidence practices. See News Analysis: Email warning provides rare sight into SFO record-keeping... Bribery, corruption, sanctions and export controls FCDO issues guidance on consolidating UK sanctions lists by January...
Original news Interserve Construction Ltd v Hitachi Zosen Inova AG [2017] EWHC 2633 (TCC), [2017] All ER (D) 82 (Nov) What are the practical implications of this case? Although the outcome rested largely on the parties’ bespoke terms, the case underscores the need to examine termination provisions with care both when contracting and before attempting to terminate. It also indicates that, when interpreting the parties’ chosen wording, the court is unlikely to construe it in a manner that fails to give operative effect to expressions such as ‘subject to’. What was the background? Hitachi, the EPC contractor for an energy from waste plant in Worcestershire, engaged Interserve as sub‑contractor. Dissatisfied with Interserve’s performance and delay, Hitachi served a notice under sub‑clause 43.1 of the sub‑contract, invoking grounds (h) and (q). Those grounds provided that, if Hitachi failed to proceed regularly or diligently with the works or committed a material breach: ‘…then, subject to Sub‑Clause 43.1A and without prejudice to any other rights or remedies which’...
A v N (R intervening) [2025] EWFC 371 (B) What was the background? The applicant wife (W) and the respondent husband (H) wed in March 1996 after living together for two years, amounting to a near three-decade marriage when the cohabitation is counted. The intervenor was W’s mother (R). The parties had five children; only the youngest, T, now aged 15, remains under 18, although several of the older children have continued to reside in the family property. The former matrimonial home (FMH) was acquired on 13 February 2012 in H and W’s joint names. It was accepted by both that the purchase would not have been possible without funds from R, and that from the outset the plan was for R to share the FMH with them. The completion statement recorded a £130,000 contribution from R towards the £881,161 price, described as a ‘mother gifted deposit’. The chosen property was specifically selected so that semi-independent accommodation could be constructed for R’s eventual occupation, identified in the judgment as...
The Health and Safety at Work etc Act 1974 (HSWA 1974) sets out broad duties to protect the health and safety of employees and others affected by work. Not complying with these duties is a criminal offence, prosecutable in either the magistrates’ court or the Crown Court. For details of the duties under HSWA 1974, ss 2–7, see the following Practice Notes: Failure to carry out health and safety duties under HSWA 1974—offences Safety and the risk to safety under the Health and Safety at Work Act 1974 Employees' duties to take reasonable care for health and safety at work Directors’ duties for health and safety Health and safety law and the self-employed This Practice Note highlights those HSWA 1974 offences that can only be tried in the magistrates’ courts. Summary only health and safety offences The health and safety offences that are triable only in the magistrates’ court are: Breach of provisions relating...
Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...
CASE HUB ARCHIVED – this archived case hub captures the position as at the judgment dated 12 December 2019; it is no longer maintained. See also the timeline, commentary, and related/relevant cases for further details. Case facts Outline Case C‑435/18 Otis Gesellshaft m.b.h. and Others v Land Oberösterreich and Others – a national judicial reference from Austria seeking clarification on whether various lift manufacturers should face damages claims by an Austrian local council on the basis that their cartel conduct increased the cost of its loans to construction companies. Latest developments On 12 December 2019, the Court of Justice handed down its judgment. The Court of Justice confirmed and clarified that, under Article 101 TFEU, persons who are neither suppliers nor customers on a market affected by a cartel may obtain compensation for loss caused by that cartel. Parties Otis Gesellshaft m.b.h. Land Oberösterreich Market The market for the supply of lifts and escalators in Austria’s territory....
Please click for an Excel version of this register. Issue Date Action and outcomes Signature [ Draft and integrate H&S programme ] [ Insert date ] [ Insert, eg We have created a new action plan to manage health and safety across our workplace. ]...
A: General information Date the monitoring review occurred Individual who completed the monitoring review B: Consolidated data Criteria covering the past 12 months Number of suspected Accounts Rules compliance breaches reported internally to the COFA Number of confirmed Accounts Rules compliance breaches (serious and non‑serious) Number of serious Accounts Rules compliance breaches Number of Accounts Rules compliance breaches reported to the SRA If this differs from the ‘Number of serious compliance breaches’, explain why C: Data by compliance breach category Category of compliance breach during the last 12 months A: Client funds applied for a non‑permitted purpose B: Client funds paid into the office account C: Client funds wrongly withheld from the client account D: Incorrect withdrawal from the client account E: Delay in paying in client funds F: Client funds not paid to the client G: Incorrect monies paid into the...
Dear [ insert name of costs draftsman ] Re: [ Client’s name ] Address: [ Insert address ] Date of Birth: [ Insert date of birth ] Date of Accident: [ Date ] Claim Number: [ insert from N1 claim form ] We write in relation to the above matter. This claim relates to [ insert brief details of case ]. Proceedings were commenced on [ date ] and served on [ date ]. We expect the main issues to include: [ Insert details ] 1 Incurred costs For particulars of incurred costs, please refer to the fee notes and the file attached. We have secured the following evidence: Breach of duty evidence: [ Insert details of expert evidence ] Causation evidence: [ Insert details of expert evidence ] Condition and prognosis evidence: [ Insert details of expert evidence ] Witness statements: [ Insert details of witnesses ] Additional supporting evidence: [ Insert details ]...
It is commonplace in financial remedy proceedings for a third party to be added to the case, either to advance a claim to a beneficial interest in a property or other asset, or to permit making of an order for sale in relation to that property. In TL v ML, Mostyn J articulated the procedural principles to be applied to such matters...
Regulation 12(6) of the Building Regulations 2010 (the 2010 Regulations), SI 2010/2214 (SI 2010/2214, reg 12(6)) Regulation 12(6) removes the need for a building notice or full plans where the works are solely those in Schedule 3 (by the corresponding registrant) or in Schedule 4. Schedule 3 includes door replacements: 10: Replacement of a window, rooflight, roof window or door in an existing dwelling—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited (Fenestration Self-Assessment Scheme); NAPIT Registration Limited; Network VEKA Limited; or Stroma Certification Limited. 11: The same in a non-dwelling—excluding load-bearing or structural glass, glazed curtain walling and revolving doors—by BM Trada Certification Limited; CERTASS Limited; Certsure LLP; Fensa Limited (Fenestration Self-Assessment Scheme); or Stroma Certification Limited. Schedule 4, paragraph 1(h) covers replacing an external door where the door plus frame has not more than 50% of its internal face area glazed. If the door falls within Schedule 4, paragraph 1(h), no notice or plans are needed....
The burden of costs in connection with legacies depends on the type of legacy. For a discussion of the various types of legacy, refer to the further reading link to Williams on Wills, Part H, Contents of Wills, Chapter 30: Legacies. From that extract, a gift of property constitutes a specific legacy if it comprises particular property that forms part of the testator’s estate at death, is described with sufficient precision to be identified, and is set apart from the testator’s estate in general...