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Raising meaning

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What does Raising mean?
Raising means commencing court proceedings by lodging the originating document with the court and taking the formal step that starts the case. In Scotland, lawyers “raise” an action: in the Sheriff Court by lodging an initial writ (ordinary cause) or a simple procedure claim; in the Court of Session by presenting a summons (for signetting) or a petition. The term is the standard Scots law expression used in rules of court and statute. In England and Wales, the equivalent is “issuing” or “starting proceedings” under the Civil Procedure Rules, typically by issuing a claim form. In Northern Ireland, proceedings are “issued/commenced” by issuing a writ or originating summons under the Rules of the Court of Judicature. In Ireland, proceedings are “issued” or “instituted” by issuing a summons or lodging a petition under the Rules of the Superior Courts. Practically, raising/issuing marks formal commencement, engages court fees and service requirements, and is critical for limitation, prescription and procedural timetables. Usage is broadly consistent across the UK and Ireland, save that “raising” is the Scots term; other jurisdictions use “issuing” or “commencing”.
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View the related Checklists about Raising

CHECKLISTS
Property purchase due diligence: post-completion review checklist for construction contracts, consultant appointments, collateral warranties, third-party rights, reports and guarantees (England and Wales)

This Checklist outlines the principal contractual points within a bundle of construction documents that a construction lawyer should review and report on for a prospective buyer of a property or development. It should be read alongside: Construction due diligence for property purchase-initial review of construction package-checklist. After reviewing the documents and raising enquiries, the purchaser’s construction lawyer will also need to produce a report on the construction documents, see Precedent: Report on construction documentation. The issues below proceed on the basis that construction at the relevant property has been completed. Accordingly, there is no need to scrutinise terms governing the running of the contract during the build, such as payment provisions; these are only relevant where a buyer is acquiring while works are ongoing and step-in rights are being offered. Building contracts Identity of contractor – Confirm the contractor continues to exist and carry out a financial check (for example via Dun & Bradstreet) to ensure it is financially sound. Date of contract –...

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CHECKLISTS
Law firm workplace culture and wellbeing: SRA thematic review—self-assessment questions and action plan (England and Wales)

The Solicitors Regulation Authority (SRA) is placing greater emphasis on workplace culture and wellbeing. It has released guidance on the risks of not safeguarding and supporting colleagues in the working environment, and has completed a thematic review of workplace culture. This Workplace culture—SRA action list compiles self-assessment questions for law firms and suggested steps to strengthen culture, as highlighted and recommended by the SRA in its review. For more on wellbeing, see Practice Note: Protecting staff wellbeing in the workplace environment—law firms. Mental health and challenging stigma Questions to ask yourself Does your firm: tackle stigma and build awareness through activities such as wellbeing days? equip managers with proactive training to recognise signs of stress or burnout? encourage colleagues to train as mental health first aiders to support wellbeing? schedule regular one-to-one meetings to enable discussions about health and wellbeing? use risk assessments to track risks, including the matters/clients you handle? foster psychological safety at work so people feel...

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NEWS
UK corporate law weekly: HMRC capital-raising stamp duty/SDRT exemption; Companies House fees amendments; TPT transition plan resources; Procter v Procter; FCA research payment options (11 April 2024)

In this issue: Tax Economic Crime and Corporate Transparency Environmental, social and governance Partnerships Financial services regulation Daily and weekly news alerts Dates for your diary Trackers Useful information Tax HMRC confirms availability of capital-raising exemption from 1.5% stamp duty and SDRT charge. HMRC has updated its Stamp Taxes on Shares Manual (STSM053100) to state that the relief from the 1.5% stamp duty and SDRT for capital-raising covers share issues made for non-cash consideration, with no consideration, or where consideration is paid directly to a different party. See: LNB News 10/04/2024 25. Economic Crime and Corporate Transparency Registrar of Companies and Register of Overseas Entities (Fees) (Amendment) Regulations 2024, SI 2024/454. These Regulations revise the dates on which transitional provisions for changes to Registrar of Companies’ fees apply, correct typographical errors, and remove obsolete references to regulations within the Register of Overseas Entities (Delivery, Protection and Trust Services) Regulations 2022, SI 2022/870. They...

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NEWS
UPC long-arm jurisdiction tested: Düsseldorf Local Division asserts power over UK patent acts in Fujifilm v Kodak, raising strategic implications for enforcing European patents in non-UPC EPC states

Fujifilm Corporation v Kodak Holding GmbH and others, UPC_CFI_355/2023 Case background Fujifilm Corporation has brought proceedings against a number of Kodak entities, alleging breaches of multiple European patents covering offset printing technology. Two suits were commenced in the UPC’s Mannheim Local Division, and a further action (ACT_578607/2023; UPC_CFI_355/2023) was lodged with the Düsseldorf Local Division concerning the purported infringement of EP3594009. In that latter matter, Kodak responded with a counterclaim seeking revocation. At the time, the European patent was effective in Germany and the UK, and all litigants were domiciled in Germany, a UPC contracting member state. Decision of the Düsseldorf Local Division Ruling on the dispute, the Düsseldorf Local Division held the European patent invalid under the European Patent Convention (EPC), after refusing Fujifilm’s proposed amendments. It acknowledged it lacked competence to set aside the UK part of the patent—so that portion remains in force—whereas the German part of the patent was revoked...

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NEWS
UK tax highlights: Court of Appeal BlackRock transfer pricing/unallowable purpose; 1.5% stamp duty capital-raising exemption; VAT consideration; remittance; MTD ITSA penalties; pensions LTA abolition (11 April 2024)

In this issue: Companies and corporation tax Stamp taxes VAT Individuals and income tax Taxes management and litigation Employment taxes Budget and Finance Bills Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Companies and corporation tax Court of Appeal decides interest on intra-group loans not restricted under transfer pricing rules but debits disallowed under unallowable purpose rule (BlackRock Holdco 5, LLC v HMRC) BlackRock Holdco 5, LLC v HMRC [2024] EWCA Civ 330 considers whether, for UK tax purposes, interest on intra‑group borrowing put in place to help fund a commercial acquisition is deductible. Two principal points were before the Court of Appeal: the transfer pricing analysis and the loan relationships unallowable purpose question. On the transfer pricing limb, the Court of Appeal allowed the taxpayer’s appeal. As a result, deductions for interest on the intra‑group loans were not curtailed by the transfer...

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PRACTICE NOTES
Parental responsibility under the Children Act 1989: definition, scope, case law and key issues (education, religion, medical consent, surnames, contact, relocation, passports, adoption, guardianship) in England and Wales

This Practice Note outlines the concept of parental responsibility for children under section 3 of the Children Act 1989 (ChA 1989). It describes what sits within the scope of parental responsibility and how the courts have read this concept in connection with matters such as education, religious upbringing, consent to medical treatment, changing a child’s surname, and removing a child from the jurisdiction. Definition Parental responsibility relates to the care and raising of a child until they reach adulthood. Under the ChA 1989, parental responsibility comprises all the rights, duties, powers, responsibilities and authority that, in law, a parent holds in respect of their child and the child’s property. It also embraces the rights, powers and duties that a guardian of the child’s estate (appointed before the ChA 1989 commenced) possessed in relation to the child’s property. Those rights extend to receiving or recovering, in the guardian’s own name for the child’s benefit, property of any description and wherever located to which the child is entitled to receive...

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PRACTICE NOTES
Handling complex client complaints in law firms: bills, third‑party delays, vulnerable complainants, vexatious conduct and record‑keeping—Legal Ombudsman expectations and best practice (England and Wales)

Your complaints handling framework (see Practice Note: How to implement and maintain effective complaints handling procedures—law firms) should reflect the scale and character of your firm. Recognise that some circumstances will call for a more bespoke response, while still being managed within your overall complaints processes. This How-to-guide highlights examples where additional factors may need attention beyond those covered by your standard complaints handling framework... Complaints about the bill Concerns about bills arise fairly often. You must handle a billing complaint in exactly the same manner as any other complaint. The Legal Ombudsman (LeO) has issued guidance on Complaints about legal costs, having identified recurring themes. Although aimed particularly at matters funded by conditional fee agreements, it offers a broader view of LeO’s general approach. When assessing cost-related complaints, LeO will consider whether, from the outset, you ensured the client fully grasped what they would, or might, be required to pay. The guidance also sets out LeO’s expectations across a range of scenarios and questions where clarity on...

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PRACTICE NOTES
UK Listing Rules reform 2024: commercial companies, shell and international secondary listings; categories, eligibility, significant and related-party transactions, sponsor regime and transitional mapping

This fundamentals note reviews the wide-ranging overhaul of the UK listing regime that came into force on 29 July 2024. It also outlines the core provisions affecting companies seeking, or already holding, a listing as described in the UK Listing Rules sourcebook, including: Equity shares (commercial companies) International commercial companies secondary listing Shell companies Transition category What is the background to the UK listing regime reforms? Post-Brexit, with scope to depart from EU capital markets rules, the government announced an independent review of the UK listing regime in November 2020. Led by Lord Hill, a former EU financial services commissioner, the review aimed to make the UK more attractive for IPOs and improve capital raising on UK markets. The UK Listing Review Report, released in March 2021, set out a series of recommendations for both the government and the FCA. It noted a decline in London IPO activity in recent years—between 2015 and 2020 London accounted for just 5% of...

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PRECEDENTS
Precedent: in-house legal team brand workshop—PowerPoint template and facilitation notes to define value, prioritise actions and raise your profile across the business

This Precedent includes a PowerPoint team brand workshop template with accompanying notes to help you run a session with your team to identify the key activities and values you want your business to be recognised for. It guides you and the group through sharing and refining ideas, then moves into setting concrete actions and clear next steps. 1 Meeting logistics Let the team know in advance that this will be a working session and ask them to consider how they add value to the business, arriving prepared to share their views. Have to hand paper, one pack of sticky notes per person, marker pens for everyone, and a space in the room where items can be put up on the wall. Plan for two and a half hours, including a 15-minute comfort break halfway through (based on five to ten attendees). Appoint someone in the team to help with timekeeping and to compile a list of actions, owners and timescales to capture at the end of the meeting....

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PRECEDENTS
Precedent controlling shareholder relationship deed for LSE Main Market listed companies (England and Wales law)

STOP PRESS : Significant reforms to the UK prospectus regime came into force on 19 January 2026 Major changes to the UK regime for public offers and admissions to trading took effect on 19 January 2026. The framework for securities offers and UK market admissions is now chiefly contained in the Public Offers and Admissions to Trading Regulations 2024, SI 2024/105 (the POATRs), together with the FCA sourcebook, The Prospectus Rules: Admission to Trading on a Regulated Market (PRM). The UK Prospectus Regulation and the FCA Prospectus Regulation Rules have been repealed. The reforms aim to simplify capital raising and substantially lessen the circumstances in which a company must publish an FCA-approved prospectus for a further share issue. For full details of the changes, see Practice Note: UK prospectus regime reform. This Practice Note sets out the prospectus regime that applied before 19 January 2026...

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PRECEDENTS
Precedent: Reporting accountants’ FRP letter to sponsor for UK Main Market admission (UK Listing Rules)

STOP PRESS : Significant reforms to the UK prospectus regime came into force on 19 January 2026 The framework now governing public offers of securities and admissions to trading in the UK is chiefly set out in the Public Offers and Admissions to Trading Regulations 2024, SI 2024/105 (the POATRs), together with the FCA sourcebook, The Prospectus Rules: Admission to Trading on a Regulated Market (PRM). The UK Prospectus Regulation and the FCA Prospectus Regulation Rules have been repealed. These reforms are intended to streamline capital raising and markedly cut the number of situations in which a company must publish an FCA approved prospectus when undertaking a further issue of shares...

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Q&As
TUPE dismissal under 2 years: s104 ERA automatic unfair dismissal

For information: on information and consultation duties under the Transfer of Employment (Protection of Employees) Regulations 2006 (TUPE 2006), SI 2006/246, see Practice Note: TUPE—information and consultation on TUPE protection from dismissal, see Practice Note: TUPE—protection against dismissal on unfair dismissal claims generally, see Practice Note: Entitlement to claim unfair dismissal on reasons that make a dismissal automatically unfair (no qualifying period), see Practice Note: Automatically unfair reasons and Checklist—unfair dismissal claims requiring no minimum qualifying period A dismissal is automatically unfair under ERA 1996, s 104(1) where the reason, or main reason, is that the employee brought proceedings to enforce, or alleged an infringement of, a relevant statutory right. The two-year qualifying period does not apply where s 104(1) (read with ss 104(2)-(3)) applies (s 108(3)(g)). Relevant statutory rights appear in s 104(4), including rights conferred by TUPE 2006 (s 104(4)(e)). It does not matter whether the right exists or has in fact been breached, provided: the...

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