Realise meaning

Assistance with the checklist This summary checklist and timeline presuppose that the trustee in bankruptcy (trustee) is ready to file an application to the court for an order for possession and sale of a property in which the bankrupt previously held an interest that now vests in the trustee under section 306 of the Insolvency Act 1986 (IA 1986). It also assumes the trustee has written to the owners to try to realise their interest without issuing court proceedings, and that it is the appropriate moment to make the application. If the property is of a type within IA 1986, s 283A(1), then unless the trustee takes certain steps before the third anniversary of the bankruptcy order—among them applying to court for a possession and sale order—the trustee’s interest in that property will automatically re-vest in the bankrupt. Accordingly, the trustee must take timely steps in relation to the property...

This checklist outlines the key requirements of Regulation (EU) 2023/2854, the EU Data Act It sets out what businesses must adhere to, including the following areas: data access and portability smart contracts prohibition on unfair contractual terms right to switch services (operability) open interoperability rules on international data transfers The EU Data Act is designed to foster business-to-business (B2B) and business-to-consumers (B2C) data sharing from Internet of Things (IoT) devices, promoting fair use of data and enabling the EU to realise the full potential of its data economy. It represents the second major legislative step under the European strategy for data, following Regulation (EU) 2022/868, the EU Data Governance Act. Where the EU Data Governance Act establishes the mechanisms and structures that allow companies, individuals and the public sector to share data, the EU Data Act determines who may generate value from data and under which conditions. The EU Data Act entered into force on...

Appointment of Receivers The Crown Court may, on the prosecutor’s application, appoint a receiver over a defendant’s realisable property where a confiscation order remains unsatisfied and is not under appeal. The court may grant the receiver the following powers in respect of that realisable property: power to take possession of the property power to manage or otherwise deal with the property, after hearing representations from those holding it power to realise the property, in such manner as the court directs, after hearing representations from those holding it power to commence, continue or defend any legal proceedings concerning the property Where the defendant’s realisable interest in the property is in dispute, it is not required that the property be shown to be the defendant’s proven realisable property (see eg Re Smith)...

Morley (trading as Morley Estates) v Royal Bank of Scotland plc [2021] EWCA Civ 338 What are the practical implications of this case? This decision clarifies the boundaries of a bank’s obligations to its client and demonstrates how those responsibilities shift over the course of their dealings. Where a borrower has taken out a secured lending facility, the bank’s duty to deliver banking services with reasonable skill and care ceases when the contractual loan period ends. After that point, the bank is only bound by the express provisions of the mortgage and the equitable duties inherent in that security relationship (for example, the recognised obligation to exercise reasonable care to realise a proper price for the collateral). It is not correct to read into the mortgage an implied contractual duty of reasonable skill and care. In addition, the Court of Appeal endorsed RBS’s position that any alleged non-compliance with its internal policy documents—unknown to the customer and potentially aspirational—cannot of itself ground a claim for breach of duty by...

Saipem S.P.A. and other companies v Petrofac Ltd and another company [2025] EWCA Civ 821 What are the practical implications of this case? On the ‘no worse off’ test, the judgment firmly confirms that, when deciding if Condition A is met, the court must juxtapose the monetary value of a plan creditor’s pre-existing rights in the relevant alternative with the value of the new or altered rights offered by the plan. For jurisdiction under Part 26A, the primacy of rights over interests is fundamental (para [90]). Accordingly, Condition A obliges the court to ascertain the financial worth that a creditor’s existing rights would probably realise in the relevant alternative, and to set this against the financial value of the replacement or varied rights the plan provides in exchange for compromising those rights (para [79]). Collateral advantages or interests—for example, the loss of any competitive edge on sanction of the plans—plainly fall outside the scope of that test. As to fairness, the ruling applies, and develops, the Court of Appeal’s...

The Case for Change The First REMA Consultation articulated why reform is needed and flagged the principal hurdles the future power system will face as it moves towards a renewables‑led mix. Those hurdles comprise: securing higher levels of investment, boosting system flexibility, sending clearer locational signals, preserving operability, and controlling price volatility. DESNZ determined that current market arrangements cannot realise its aims for a cost‑effective, decarbonised and secure electricity system by 2035, nor adequately deliver the government’s 2050 net zero ambitions. Following the First REMA Consultation, DESNZ produced an Options Assessment, setting out the REMA policy development pathway used to shortlist policy choices. At present, the options prioritise maintaining a unified wholesale market, catalysing additional investment in renewable generation, improving the capacity market framework, and bringing in zonal pricing. DESNZ’s challenge‑led method seeks to substantially narrow the remaining reform choices for electricity markets, while accepting that the subsequent stage must develop a whole‑system solution that coherently integrates investment, flexibility, locational signals, operability and pricing across the system architecture...

Introduction to Musharaka—a profit and loss sharing instrument of Islamic finance At the heart of Islamic finance lies the maxim ‘no profit without risk’, ie no person should realise a gain unless they bear some degree of risk. This concept is most clearly shown through the application of profit and loss sharing instruments. For further detail on this principle, see Practice Note: Key principles of Islamic finance. This Practice Note examines Musharaka, an Islamic finance technique originally founded on profit and loss sharing and broadly analogous to a conventional partnership arrangement. In straightforward terms, a Musharaka is a partnership customarily entered into by two or more parties, not necessarily for a fixed term, and most commonly for the purpose of undertaking a business venture. In a typical Musharaka, each participant makes a capital contribution to the venture and profits and losses are shared between them. A comparable Islamic finance arrangement premised on the same profit and loss sharing rule is Mudaraba, a special form of partnership in which only...

When considering entry into a joint venture, participants should carefully scrutinise the identity of the other intended parties and the experience and resources they expect to bring to the venture. They are, therefore, likely to want to ensure those parties remain engaged in the joint venture (at least for a pre‑agreed period of time) and to retain controls over to whom they may transfer their shares. The nature of any share transfer constraints adopted will also depend on, among other things, the anticipated duration of the joint venture, how the parties propose to realise their investments, the cash‑flow and fundraising requirements of the parties, and any share transfer restrictions contained in other transaction documents, e.g. financing documents. Restrictions on transfer For these reasons, most joint venture agreements (JVA) (also known as shareholders’ agreements) and/or the articles of association will include a series of restrictions governing the transfer of shares by the joint venture parties...

Background—the First to Fifth Energy Packages Under Article 194 of the Treaty on the Functioning of the European Union (TFEU), the Member States have, among other matters, granted the EU powers to ensure the operation of the energy market, protect security of energy supply, advance energy efficiency and saving and the development of novel and renewable energy forms, and support the interconnection of national energy networks. Article 194 further requires the European Parliament and the Council to adopt the measures needed to realise these goals. Accordingly, since the 1990s, a sequence of legislative packages has been enacted to create a shared EU-level rulebook to open national energy markets. These are set out below: First Energy Package — adopted between 1996 and 1998, initiating the first liberalisation of national energy markets Second Energy Package — adopted in 2003, enabling industrial and domestic customers to choose their energy suppliers from a broader field of competitors Third Energy Package — adopted in 2009, introducing: ...

This formal letter serves hereby to notify the bankrupt and any additional co-owner (or occupier) of the relevant property in question that the trustee in bankruptcy (the trustee) intends to realise their beneficial interest in that property. It should generally be sent only once the trustee has resolved to formally issue a court application for possession and sale, or adapted suitably if they do not propose to apply to the court at this stage. Individual letters must be addressed and posted separately to all co-owners/occupiers, ensuring the trustee can be fully confident each has been clearly notified of the position. The precedent is written in neutral terms so as to allow easy adaptation and appropriate modification where required, and is framed on the basis that it is to be sent by the trustee’s solicitor...

[ Insert organisation name ] is committed to preventing modern slavery and human trafficking within our organisation and to addressing the risk of it arising in our supply chain. This policy outlines the measures we will pursue and sets out what we expect from our staff and the third parties we work with. 1 What is slavery? 1.1 The Modern Slavery Act (MSA) 2015 covers four activities: Slavery – exercising powers of ownership over an individual. Servitude – where the obligation to provide services is imposed through coercion. Forced or compulsory labour – work or services demanded under the threat of a penalty, without the person having offered themselves freely. Human trafficking – arranging or facilitating another person’s travel with the intention of exploiting them. 1.2 This policy applies to all four activities. 2 Identifying slavery 2.1 There is no typical victim, and some individuals may not realise they have been exploited or that they are entitled...

1 Executive summary/introduction 1.1 Following extensive conversations throughout the practice, this business plan has been carefully drafted. We sincerely appreciate the considerable contributions offered by colleagues. The plan belongs to everyone within the firm, regardless of their position or responsibilities. 1.2 This plan aims to deliver a set of clear goals for the coming year. These aims are designed to improve the firm’s profitability by cutting expenditure, better controlling risk, and boosting revenue. The action plan at the conclusion of this document clearly explains how these goals will be met. 1.3 The business plan will undergo review on a [insert frequency, eg six-monthly] basis, and we invite staff to help actively evaluate the progress achieved to date. 1.4 We ask every member of staff to treat the firm as though it were their own enterprise. Accordingly, we urge colleagues to put forward as many practical ideas as possible to collectively advance the firm and fully realise its objectives...