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Motion meaning

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What does Motion mean?
A motion is a request to the court to make an order or give directions in a case, usually for interlocutory or case-management relief. It is the practical act of asking the court to do something—such as grant an injunction/interdict, stay/sist proceedings, order disclosure/discovery, extend time, strike out a claim or give summary judgment—either on notice to the other side or, in urgent cases, without notice (ex parte). Motions are supported by affidavit or witness-statement evidence and are decided on paper or at a short hearing; costs may follow the event. Usage varies by jurisdiction. In Scotland, “motion” is the formal term in the Court of Session and sheriff courts (opposed/unopposed motions; motion roll) and is provided for in the court rules. In Ireland and Northern Ireland, applications are commonly brought by notice of motion under the Rules of the Superior Courts and the Rules of the Court of Judicature respectively. In England and Wales, modern civil procedure uses the term “application” (CPR Part 23; application notice; interim remedies under Part 25), and “motion” is largely historic or colloquial. In all jurisdictions, a motion/application is the mechanism by which interim or procedural relief is obtained.
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View the related Checklists about Motion

CHECKLISTS
Court of Session Inner House Reclaiming Motions: Key Interlocutors—Competence, Leave and Time Limits Checklist (Scotland)

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...

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CHECKLISTS
Construction (Design and Management) Regulations 2015 (Great Britain): Client Identification and Duties, Appointments, Notification, pre-construction information, Health and Safety File, and Record-keeping - A Practical Checklist

For further detail on the client’s role, consult: Construction (Design and Management) Regulations 2015, SI 2015/51 (CDM Regs 2015) HSE guidance on the Construction (Design and Management) Regulations 2015 CONIAC industry guidance for clients Practice note: CDM Regulations 2015—the role of the client Identifying the 'client' Where the identity of the 'client' under the CDM Regs 2015 is unclear, ask who: determines what will be built, where, when and by whom commissions the design and the construction sets the project in motion sits at the head of the procurement chain appoints the contractors and the designers If more than one 'client' exists, the CDM Regs 2015 apply to every client. Where there are multiple 'clients', the parties can agree in writing who will take the client role for the purposes of the CDM Regs 2015...

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CHECKLISTS
Project governance and team roles: responsibilities, assurance and reporting—practical checklist

Successful delivery depends on having team organisation, governance, and reporting frameworks in place. At project initiation, define the project team’s roles, duties, and structure, and put governance arrangements in motion to steer delivery. The team’s size and configuration will shift according to the project’s scale and complexity. Below are examples of core project team roles with a brief, high-level outline of their responsibilities, as set out below. Role Responsibility Project Board/Steering Group – Created to lead and direct a project, providing leadership and direction in line with governance arrangements set...

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NEWS
UK Public Law Weekly: Windsor Framework review, Brexit SIs, Procurement Act guidance, Lords reform, judicial review on licensing and parole, Russia sanctions appeal, ECHR rulings, 16 January 2025

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Public procurement Constitutional and administrative law Judicial review Equality and human rights State security and intelligence Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights NIO publishes Terms of Reference for Independent Review of Windsor Framework The Northern Ireland Office has released the Terms of Reference for an Independent Review of the Windsor Framework, as required by Schedule 6A to the Northern Ireland Act 1998. Initiated after a consent motion cleared the Northern Ireland Assembly without cross-community endorsement, the review will consider how the Framework is working and its influence on social, economic and political life in Northern Ireland. It is consistent with undertakings in the October 2019 Unilateral Declaration and the January 2024 Safeguarding the Union Command Paper. The resulting findings will be submitted to the UK Government, supplying vital...

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NEWS
Importers seek immediate Federal Circuit mandate after US Supreme Court deems IEEPA tariffs unlawful, enabling Court of International Trade to order refunds in over 900 cases

Businesses spearheaded by wine importer VOS Selections urged the Court of Appeal to issue its mandate without delay, enabling the Trade Court to determine the most appropriate remedy for importers implicated in the suit, according to their motion placed before the court. The mandate, which the US Supreme Court fully upheld in its ruling of 27 February 2026, found tariffs authorised under the International Emergency Economic Powers Act (IEEPA) unlawful, yet vacated and remitted the question of a permanent injunction to the Trade Court for additional consideration there. 'Issuing the mandate at once not only accords with this Court's stay, it will also expedite a fair and efficient resolution of this matter and more than 900 related challenges to the tariffs presently pending before the Court of International Trade (CIT),' the companies stated, and easing the Court's administration of claims. They further observed that, during the proceedings, the government acknowledged it would provide refunds with interest if the dispute over IEEPA tariffs reached a stage where no...

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NEWS
Yianni v Paliouras: Bankruptcy petitions can proceed despite standard Breathing Space; court’s discretion at large; anger alone not abuse of process (England and Wales)

What are the practical implications of this case? In a standard, rather than mental health, breathing space moratorium, a creditor will generally find it simpler to persuade the court to continue with a bankruptcy petition already on foot than to secure permission to present a fresh petition, because, in the former scenario, the court’s discretion is not constrained by the limitations imposed by the breathing space legislation, whereas seeking to present during the moratorium engages those constraints. Moreover, in applying those statutory limits, where the debtor has had ample time to obtain advice, explore alternative solutions, and prepare adequately for a hearing, allowing the petition to proceed will not be viewed as causing the debtor any detriment. A petition will also not constitute an abuse of process for an extraneous purpose merely because a creditor is angry or vengeful; rather, there must be evidence showing that the petition was brought with the intention of harming the debtor, as opposed to legitimately setting the bankruptcy process in motion. Accordingly, continuation...

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View the related Practice Notes about Motion

PRACTICE NOTES
UK CMA Adobe/Figma merger control: transaction abandoned; provisional SLC in all-in-one product design and vector/raster editing; phase 2 investigation cancelled 19 December 2023 (archived)

CASE HUB ARCHIVED This archived case hub captures the position as at the date the investigation was cancelled on 19 December 2023; it is now no longer being maintained or updated further at all. See further, timeline. Case facts Outline UK merger inquiry into the anticipated acquisition of Figma, Inc by Adobe Inc. The deal presents horizontal overlaps in relation to the provision of screen design software. Latest developments On 19 December 2023, the CMA formally cancelled its phase 2 probe after both parties chose to abandon entirely the proposed transaction. Parties Adobe Inc (Adobe): Adobe is a US business headquartered in San Jose. It is a major provider of creative design software. Such software is used to produce media assets including photos, illustrations, video, and animations. Various categories of creative design software include vector editing for logos, icons, etc; raster editing for photographs and other pixel-based image work; video editing involving assembly of video assets; and motion design for...

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PRACTICE NOTES
UK Budget and Finance Bills and Acts: timetable, parliamentary stages, Provisional Collection of Taxes, OBR role, numbering/dating, and election-driven chronology 2016-2026

The Budget The Budget is a Parliamentary occasion where the Chancellor of the Exchequer delivers key statements on the national economy. It sets out the government’s tax intentions for the next year, and at times for later periods. Most measures due in the following tax year will already have been announced and consulted on in advance. Fresh announcements may arrive on Budget day—some, mainly anti-avoidance steps, take effect immediately. Others are scheduled to commence from a future date. The Budget also precedes the presentation of the Finance Bill to Parliament. In most years there is a single Finance Bill, though in some—such as those featuring a general election—there have been two or even three, as outlined below. Income tax and corporation tax are annual charges, so they can only be levied for a year (a tax year for income tax, or a financial year for corporation tax) where an Act of Parliament provides for them. Consequently, the government’s power to charge...

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PRACTICE NOTES
Corporate crime bills tracker—UK Parliament June 2017 to October 2019 (archived): progress at prorogation; Brexit, sentencing, environmental, financial services, fraud/tax, local authority enforcement, money laundering

ARCHIVED: This archived Practice Note monitored how bills moved through Parliament throughout the session running from June 2017 to October 2019, which concluded with the Prorogation of Parliament on 8 October 2019 as noted here. Prorogation brings to a close all outstanding Parliamentary bills that have not obtained Royal Assent, unless a motion in either House carries them over in the usual way. Two of the bills from that Parliamentary session were carried over to the next session. Parliament is scheduled to re-open on 14 October 2019, and measures progressing in the subsequent session will be tracked separately. On 24 September 2019, the Supreme Court ruled that the prorogation of Parliament, made by Order in Council dated 28 August 2019, was unlawful, null and of no effect. Consequently, Parliament was not in fact prorogued on 9 September 2019. For more detail, see: LNB News 24/09/2019 21. See Q&As: What is prorogation of Parliament? and How is prorogation of Parliament relevant to Brexit? Accordingly, the...

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View the related Precedents about Motion

PRECEDENTS
Members’ resolution enabling appointment of multiple directors by a single composite resolution

That the motion that [ insert name of proposed director ] and [ insert name of proposed director ] be appointed as directors of the Company be approved to be included in a single resolution [ proposed at this meeting ] . That the proposal that [ insert name of proposed director ] and [ insert name of proposed director ] are appointed as directors of the Company be sanctioned for inclusion within one composite resolution [ proposed at this meeting ] ...

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PRECEDENTS
Disclosure in Employment Tribunal proceedings: obligations, scope, privilege, non-party orders, confidentiality, admissibility, and sanctions (Great Britain)

This Precedent sets out general practical guidance on disclosure within employment tribunal proceedings for information purposes. Your employment solicitor can give tailored advice according to your situation and needs. Disclosure of documents—general principles Papers of various types will typically constitute a major element of the evidence presented in an employment tribunal claim. For justice to be done in the case, there must be clear and fair disclosure. Disclosure is the procedure by which relevant and necessary documents are made available and shown to the other side as part of preparing for the hearing. This prevents unfairness caused by one party having exclusive access to documents, springing late disclosure, cherry-picking, or concealing damaging material. The employment tribunal may require disclosure of documents under its general case management powers, either of its own motion or on an application made by a party. Directions about disclosure are often included in the standard directions issued by tribunals when a claim is commenced (sometimes called automatic directions), and in orders the tribunal may...

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PRECEDENTS
Film performer release: consents, moral rights waivers, and assignment of performers’ property rights (England and Wales)

From [ insert name of individual ] of [ address ] To [ insert name of company ] of [ address ] Dated [ date ] Dear [ insert organisation name ] [ insert name of film ] (the Film) In return for the payment of £[ insert amount ] now made by you to me (for which receipt is acknowledged), I represent, affirm and agree that you, together with your successors, assignees and licensees, shall be entitled to record, revise, adapt and commercially use, whether in whole or in part, the following: any motion pictures, photographs and audio recordings created for the Film in which I appear—including my name, likeness, image and voice; any literary, dramatic, musical or artistic work or ...

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View the related Q&As about Motion

Q&As
Unconventional EUTMs: representation options and filing strategy

In this Q&A we focus on the amendments introduced by Regulation (EU) 2015/2424 (subsequently consolidated in Regulation (EU) 2017/1001, the EU Trade Mark Regulation (EUTM Regulation)), along with the key points to consider when seeking protection for an unconventional mark. EU Trade Mark Regulation—What is new? See News Analysis: New EU trade mark reforms, which provides an analysis of the background to the new EU trade mark reforms. As outlined there, five new categories of trade mark can be applied for in the EU: Position Pattern Motion Multimedia Hologram These are in addition to a Certification Mark, which has been available in the UK for some time. The European Union Intellectual Property Office (EUIPO) has issued guidance relating to the new EU trade mark reforms...

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