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Memorial to counsel meaning

What does Memorial to counsel mean?
A memorial to counsel is the written instructions from a solicitor to a barrister or advocate, setting out the facts, issues and questions on which advice, drafting (for example, pleadings) or representation is sought. It typically summarises the procedural history and desired outcome, specifies the tasks requested, identifies deadlines and hearing details, and lists enclosed documents/productions. It frames the scope of counsel’s retainer, assists fee estimates, and provides a record of instructions; it will ordinarily attract legal professional privilege. This is not defined in legislation or case law; it is a descriptive practice term used across common law work. Usage varies slightly by jurisdiction: - England and Wales: the expression is largely archaic; “brief to counsel” or “instructions to counsel” is more common. - Scotland: “memorial for counsel” remains a standard label, particularly when seeking Counsel’s Opinion, usually accompanied by a bundle of productions. - Northern Ireland and Ireland: usage is broadly consistent with England and Wales, with “brief” or “(memorandum of) instructions to counsel” more typical. In all jurisdictions, good practice is to present a neutral statement of facts, clearly framed issues, numbered questions, and a schedule of documents to ensure efficient, focused advice or advocacy.
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NEWS
UK Public Law Weekly: King’s Speech programme; Welsh FM resignation; devolution; EHRC consultation; Procurement Act guidance; key case law; subsidy control; justice system and Brexit updates—18 July 2024

In this issue: King's Speech 2024 Case law quarterly Brexit headlines Constitutional and administrative law State accountability and liability Equality and human rights Subsidy control and State aid Public procurement Other Public Law updates Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information King's Speech 2024 King's Speech 2024—key announcements for public lawyers At the State Opening of Parliament on 17 July 2024, His Majesty set out the government’s priorities and planned policies for the upcoming parliamentary session. The programme includes the Budget Responsibility Bill, National Wealth Fund Bill, The Crown Estate Bill, Border Security, Asylum and Immigration Bill, Draft Conversion Practices Bill, Holocaust Memorial Bill, English Devolution Bill, Hillsborough Law, Northern Ireland Legacy Legislation, House of Lords (Hereditary Peers) Bill, Lords Spiritual (Women) Act 2015 (Extension) Bill, and the Digital Information and Smart Data Bill...

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NEWS
Local Government update: Supreme Court PHV operator liability, crematorium planning, BSA service charges, PRU guidance, Care Act update, council tax reform and key cases—31 July 2025

In this issue: Licensing Planning Social housing Education Children's social care Public procurement Governance Social care Local government finance Daily and weekly news alerts New and updated content Licensing Supreme Court clarifies operator liability under PHV licensing regime (D.E.L.T.A. Merseyside Ltd v Uber Britannia Ltd) The Supreme Court has unanimously rejected Uber Britannia Ltd’s appeal, confirming that private hire operators outside London are not obliged to accept bookings as contracting principals. Philip Kolvin KC of 11KBW, counsel for the First Respondent, welcomed the ruling, saying it definitively protects the ability of operators, drivers and passengers to set their own contractual terms, preserving established industry practice and consumer choice. Josef Cannon KC of Cornerstone Barristers emphasised that section 56(1) imposes liability without prescribing contract form, allowing agency and intermediary models to continue across England and Wales. See News Analysis: Supreme Court clarifies operator liability under PHV licensing regime (D.E.L.T.A. Merseyside Ltd v Uber...

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PRACTICE NOTES
Scottish Private Client Practice Glossary: Succession, Trusts, Guardianship and Property Terms with England and Wales Equivalents

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

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PRACTICE NOTES
Scots Property Law Glossary: Key Terms with England and Wales Equivalents, Registers, Land Registration and Conveyancing Practice

This glossary outlines commonly used terms and phrases in Scottish property law, together with the closest England and Wales equivalents (where appropriate), and signposts guidance on differences between Scottish property transactions and law, as well as useful property-related websites. A non domino disposition Meaning A disposition granted by someone with no title to the property. Formerly, this could regularise a defective title where, after registering a non domino disposition, the grantee possessed the property openly, peaceably and without judicial interruption for ten years. Since 8 December 2014, with the commencement of the Land Registration etc (Scotland) Act 2012 (LRE(S)A 2012), a party seeking to obtain title to land where no owner can be traced must comply with the prescriptive claimant provisions in LRE(S)A 2012, ss 43–45 before submitting an a non domino disposition for registration. Nearest English equivalent None, although possessory title is similar. Action of specific implement Meaning A court action seeking an order compelling a party to perform a specified...

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