leave of the court meaning

ARCHIVED This Checklist is archived and is not maintained or updated. It considers how UK courts would apply Regulation (EU) 1215/2012, Brussels I (recast)—which concerns the allocation of court jurisdiction for civil and commercial matters—if the UK were to leave the EU on exit day without a deal, the so‑called ‘no deal Brexit’ scenario. ‘Exit day’ has the meaning given by section 20 of the European Union (Withdrawal) Act 2018. The Checklist reviews the Regulation’s jurisdictional articles and evaluates whether the UK courts will apply them and, if so, in what way. The outcome varies depending on whether proceedings are started before exit day (with the jurisdictional issue decided afterwards) or initiated after exit day. The principal UK instrument is the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479. Coming into force on exit day, it includes a range of savings provisions and modifications to Regulation (EU) 1215/2012, Brussels I (recast), alongside amendment and revocation of specified UK and EU legislation. For details of the legislation...

This Checklist summarises selected procedural requirements set out in the Rules of the Court of Session 1994 (RCS) concerning reclaiming motions in the Inner House of the Court of Session, Scotland. For key interlocutors, it considers whether a reclaiming motion is competent, whether leave to reclaim is required, and the relevant time limits. For guidance on: other aspects of the Inner House, Court of Session, see Practice Notes: Appeals to the Inner House of the Court of Session in Scotland and Reclaiming motions in the Inner House of the Court of Session in Scotland appeals from decisions of the Inner House, see Practice Note: Appeals to the UK Supreme Court in Scottish civil cases the equivalent in England and Wales, see Practice Notes: Civil appeals: general and preliminary considerations—overview, Civil appeals to the County Court and the High Court—overview, Civil appeals to the Court of Appeal—overview and Appeals to the Supreme Court—overview which, as well as offering an overview, provide links to more detailed...

Income payments order The trustee in bankruptcy (trustee) may seek an income payments order (IPO) pursuant to section 310 of the Insolvency Act 1986 (IA 1986) where, having assessed matters, they consider the bankrupt enjoys surplus income once the bankrupt’s reasonable domestic needs are allowed for. See Practice Note: Income payments orders (IPOs) under section 310 of the Insolvency Act 1986. The court is responsible for setting the venue for the hearing of the trustee’s application. The trustee must provide the bankrupt with not less than 28 days’ notice of any application, enclosing the application itself and a statement of the grounds on which the order is requested. Up to five business days before the hearing date, the bankrupt may consent to the order by notifying both the court and the trustee. Alternatively, by attending the hearing, the bankrupt may make any representations they wish as to why the order ought not to be made. Any order issued must not leave the bankrupt with less than is necessary to...

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In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

Re an application by RM (a person under disability) by SM, (his father and next friend) for Judicial Review (Northern Ireland); Re an application by RM (a person under disability) by SM, (his father and next friend) for Judicial Review (Northern Ireland) No 2 [2024] UKSC 7 What are the practical implications of this case? This judgment clarifies how the rules on discharging a mentally disordered patient compulsorily detained for medical treatment operate, and how they interrelate with provisions on leave of absence. The Supreme Court’s conclusions will assist practitioners working with the Mental Health (Northern Ireland) Order 1986 (the 1986 Order), SI 1986/596, and the MeHA 1983. It confirms that, despite differing wording, the detention standard under the 1986 Order aligns with that in the MeHA 1983: the decisive threshold is necessity. Accordingly, case law on the MeHA 1983 from England and Wales can usefully guide the consideration of issues concerning detention under the 1986 Order, SI 1986/596, and vice versa. This confirms that jurisprudence from England...

This Practice Note centres on appeals against conviction, sentence, and related orders pursued in the Court of Appeal Criminal Division (CACD) under the Criminal Appeal Act 1968 (CAA 1968), and in accordance with the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, Parts 36 and 39. It also considers applications advanced by the Attorney General under section 36 of the Criminal Justice Act 1972 (CJA 1972) or section 36 of the Criminal Justice Act 1988 (CJA 1988). It outlines how an appeal is commenced, namely by lodging an application for leave to appeal directly with the Court of Appeal. For further information on obtaining certificates declaring a case fit for appeal from the Crown Court, see Practice Note: Criminal appeals—certificates of fitness to appeal from the Crown Court. For detailed guidance on progressing an appeal in the CACD, see Practice Note: Conducting an appeal in the Court of Appeal Criminal Division (CACD). When can an appeal be made to the Court of Appeal? An appeal to the CACD...

Statutory paid holiday In Great Britain, workers have a legal entitlement to 5.6 weeks’ paid annual leave under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833. It should be recognised from the start that this is made up of two components: a core entitlement of four weeks’ paid annual leave (often called ‘Euro leave’) (WTR 1998, SI 1998/1833, reg 13), and an extra 1.6 weeks’ paid annual leave (WTR 1998, SI 1998/1833, reg 13A) Different rules apply to irregular hours and part-year workers for holiday years beginning on or after 1 April 2024. For further details, see Practice Note: Statutory paid holiday—irregular hours workers and part-year workers. For the position in Northern Ireland, which has its own Working Time Regulations (Northern Ireland) 2016, SI 2016/49, see Practice Note: Employment law in Northern Ireland—Working Time Regulations and holidays. The basic four-week entitlement reflects the UK’s implementation of the EU minimum in Article 7 of Directive 2003/88/EC (the Working Time Directive),...

Client guides Client guides comprise template letters covering a broad spectrum of family law matters, suitable for sending directly by the family practitioner to the client. Each guide also features drafting commentary for practitioners and hyperlinks to relevant connected materials, such as Practice Notes, forms, authorities, precedents and legislation. For procedural guides offering step-by-step direction on, inter alia, domestic abuse, asset preservation, relationship breakdown, cohabitants, private children, financial provision, international cases and enforcement, refer to Practice Note: Family procedural guides...

APPLICATION NOTICE Form IAA pursuant to Rule 1.35 of the Insolvency (England and Wales) Rules 2016 Court Reference No. [ insert number ] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR IN [ insert location ] ] INSOLVENCY AND COMPANIES LIST (ChD) OR IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION [ insert location ] DISTRICT REGISTRY OR IN THE COUNTY COURT AT [ insert location ] ] IN THE MATTER OF [ insert company name ] AND IN THE MATTER OF SECTION 216 OF THE INSOLVENCY ACT 1986 Between [ insert name ] (Applicant) and [ insert name ] (Respondent) 1 This application is brought under section 216 of the Insolvency Act 1986...

1 Introduction The Company recognises that any employee called for jury service has a legal obligation to serve, and the Company, as the employer, is legally required to permit time off for this. You are expected to co-operate with the Company to ensure that undertaking jury service does not detrimentally affect the Company, its business, or its staff. This policy also applies to other circumstances where your presence at court is required. 2 Jury service Upon receiving a summons for jury service you must: inform the Company as soon as the summons is received; notify the Company of: the date you are required to attend; where known, the expected duration of the jury service; and the court at which you are required to report; provide a copy of: ...

Save for the court heading, this Precedent is prepared from the viewpoint of a request seeking leave for substituted or alternative service of insolvency proceedings by a liquidator...

Under WTR 1998, workers get 5.6 weeks’ annual leave each year: a basic entitlement of four weeks’ leave (20 days for a standard full‑time worker) implementing article 7 of the Working Time Directive (WTD) an additional 1.6 weeks’ leave (eight days for a standard full‑time worker) created by domestic law only Understanding this distinction is important because: European Court of Justice case law concerns the WTD alone, so it applies only to the basic four weeks’ paid leave holiday pay is calculated differently for: the basic four weeks, and the additional 1.6 weeks The general rules as to the right to carry forward accrued holiday entitlement are that: the basic four weeks must be taken in the leave year earned and cannot be carried over (though an employer may choose to allow it) a relevant agreement may allow the additional 1.6...

When a baby is born, the birth must be registered, and the surname entered at that time is intended to be the name by which the child is known. If a parent later wishes to change the child’s surname, they should first consult any other person who holds parental responsibility before any step is taken. This applies irrespective of the existence of a child arrangements order, and regardless of whether that person has contact with the child (Re PC (Change of Surname)). Where there is disagreement, the matter must be placed before the court for a determination. A contested change of surname must not be made unilaterally (Dawson v Wearmouth). Altering a name is a significant matter and should not be approached lightly. In deciding whether to grant leave, the court is guided by the welfare principle in section 1(1) of the Children Act 1989 (ChA 1989), and will act accordingly...

In this Q&A, we assume that B’s claim is smaller than A’s. Legal process against the company Under paragraph 43(2) of Schedule B1 to the Insolvency Act 1986 (IA 1986), the moratorium prevents any legal process—covering legal proceedings, execution, distress and diligence—from being started or continued against the company or its property without the administrator’s consent or the court’s permission. This wording is wide enough to encompass any remaining actions or steps that might otherwise be taken against the company or its property. Accordingly, B can only bring an action against A with the approval of the administrator or the leave of the court. The purpose of the moratorium (and the interim moratorium) is to safeguard the company and its assets from creditor action during the company’s administration and the pre-appointment period. It bars any steps, actions or processes from being begun or carried on against the company and its property, save with the administrator’s consent (if one is appointed) or the court’s permission. See Practice...