Relevant Matter meaning

Introduction to freezing injunctions and scope of this checklist A freezing injunction (also known as a freezing order) is a temporary court order that prevents a respondent from disposing of or transferring its assets out of the relevant jurisdiction—namely England and Wales—or, in the case of a worldwide freezing order (WFO), from moving them anywhere in the world. The court’s principal aim in granting such relief is to preserve the respondent’s assets so that, if the applicant later obtains judgment against the respondent, there will be assets available for recovery by the applicant and, if necessary, enforcement action. This Checklist explains how to make an application for a freezing injunction where claims are contemplated or already underway in a corporate or personal insolvency context. As the precise circumstances of each matter must be assessed, this Checklist does not claim to be exhaustive; rather, it provides an overview of the key considerations at each stage when seeking an order of this kind. The focus throughout is asset preservation pending determination...

This tracker outlines the consultation papers issued by the Financial Services Authority (FSA) from 2008–2013, listed in reverse date order, and includes links to the relevant FSA webpage and/or PDF versions of the papers. For details of Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) consultation papers, together with subsequent rules and guidance, see: • FCA consultation paper tracker-2021 [Archived] 2013 Publication date Consultation Paper (including FSA webpage if available) Description March 2013 - FSA webpage: CP13/9: Implementation of the Alternative Investment Fund Managers Directive Part 2; CP13/9: Follow-up consultation on draft rules and guidance for implementing the Alternative Investment Fund Managers Directive (AIFMD). March 2013 - FSA webpage: CP13/8: Publishing information about warning notices; CP13/8: Proposals on how the Financial Conduct Authority (FCA) would publish details about the subject-matter of a warning notice where it considers publication appropriate. March 2013 - FSA webpage: CP13/7: Consumer credit regulation-our proposed regime; CP13/7: Invites views on the proposed framework and rules for the new consumer...

This Checklist on making a Part 36 offer identifies the key factors that should be considered when drafting a Part 36 offer. Consideration What a Part 36 offer can be made in relation to You may frame a Part 36 offer to cover the entirety of the claim, a defined part, or a particular issue. It can likewise address a counterclaim or any additional claim, and it may extend to an appeal or cross-appeal arising from a trial judgment. However, a Part 36 offer is not available for an appeal against an interlocutory ruling. Guidance When to make a Part 36 offer An offer under Part 36 can be served at any point, whether before proceedings are issued or once they are underway (CPR 36.7(1)). Where a matter proceeds to appeal, a new Part 36 offer should be advanced because the Part 36 consequences attach only to the costs of the proceedings in which the offer is made, and do not extend to the...

This Flowchart sets out the National Crime Agency (NCA) glossary codes most frequently used when completing a Suspicious Activity Report (SAR) via the SAR Portal, together with the additional reporting avenues you ought to consider and assess. The complete list of SAR Glossary Codes appears in SAR Glossary Codes and Reporting Routes for reference. Note 1 SARs regime The SARs regime is not a vehicle for reporting crimes or issues involving immediate danger to others. It exists to enable disclosures of knowledge or suspicion of money laundering or terrorist financing strictly under the Proceeds of Crime Act 2002 (POCA 2002) and the Terrorism Act 2000 (TA 2000). Alongside sending a SAR to the NCA, you may therefore need to notify the matter by alternative routes, eg if an offence is underway or there is an immediate risk to a person. We have indicated where this could be appropriate and relevant. Where feasible, make these additional notifications first, so any urgent concerns can be handled swiftly by the relevant...

Hilton Foods Solutions v Wright [2024] EAT 28 What are the practical implications of this case? This judgment turns on a single issue of interpretation: what must an employee do to be treated as having “sought” parental leave so as to gain protection from dismissal under the MAPLE Regulations 1999, SI 1999/3312, reg 20, as enforced by section 99 of the Employment Rights Act 1996? HHJ Tayler found that whether an individual has “sought” parental leave is a matter for the employment tribunal to decide on the facts, applying the ordinary meaning of the word “sought”, without any special gloss. Serving notice to take parental leave in accordance with paragraphs 1(b) and 3 of Schedule 2 to the MAPLE Regulations will, save in exceptional circumstances, generally show that the employee has “sought” to take parental leave; however, it is not the sole means by which it can be shown that the employee has sought to take parental leave. Accordingly, practitioners should note: employees...

Monmore Properties Ltd v HMRC [2024] UKFTT 127 (TC) The appellant acted as the representative member of a Value Added Tax (VAT) group. The tribunal’s determination arose from a preliminary hearing convened to resolve two threshold issues: whether the appellant’s appeal had been brought within time, and whether HMRC’s assessments covering a 27‑month span (five VAT return periods) were out of time. The broader controversy was not addressed at this stage, as it was a matter for the substantive appeal, and concerned the VAT treatment of services provided by VAT group members to persons outside the VAT group. At the preliminary hearing it was also established that HMRC had not issued a single global assessment. That clarification was relevant because the wider dispute referred to...

GovData Ltd v Indeed UK Operations Ltd [2024] EWHC 39 (Comm) What are the practical implications of this case? This decision arose from GovData Ltd’s request for a Norwich Pharmacal order compelling Indeed UK Operations Ltd to reveal identifying information about four anonymous reviewers who had posted comments on Indeed’s platform, so that GovData could consider claims for defamation and malicious falsehood. It confirms that any Norwich Pharmacal application must be properly particularised. Moreover, even if the gateway criteria are satisfied—there is an arguable wrong, the order is required, and the respondent both facilitated the alleged misconduct and can supply the data—the court will only grant relief where, considering relevant factors, it is strictly necessary and proportionate. It also highlights the rigorous scrutiny such applications attract. The court was troubled by how GovData and two employees pursued the matter: a casual approach to identifying the correct claimant; a scattergun reliance on largely unarguable causes of action; and indications that GovData’s reputational difficulties might derive not...

A first appearance in the magistrates’ court is primarily procedural. Although largely administrative, early choices at this stage can shape strategy and practical outcomes for how the matter proceeds. This Practice Note sets out how to get ready for a first hearing in the magistrates’ court, flags the core issues for practitioners, and notes the principal distinctions between acting for individual defendants and for corporate defendants. It summarises the vital preparatory tasks for both prosecution and defence lawyers, together with pointers on completing the necessary forms. To prepare effectively, advocates must predict the likely course of the hearing and secure all relevant instructions in advance. The court expects an effective hearing and is reluctant to allow adjournments save where absolutely necessary. Both sides are obliged to actively assist the court so the case is dealt with efficiently. Thorough preparation safeguards and advances the client’s position and ensures the court has the information required for the case to move forward smoothly. For further guidance on the stages of criminal proceedings,...

The publishing industry This Practice Note outlines the legal and contractual landscape governing the publishing sector, while introducing key commercial and technological considerations. Publishers deliver content in multiple formats and for differing aims and readerships. Traditionally, the field splits between: trade publishers serving a general or consumer market; and other publishers concentrating on educational, academic, professional or scientific, technical, and medical audiences. In reality, these categories can overlap and intersect with adjacent industries, a trend accelerated by the evolution of digital media—for instance, convergence between newspaper and magazine publishing and the broadcasting and audiovisual arenas. There has also been discussion about whether social media and other online platforms ought, as a legal matter, to be regarded as ‘publishers’. Nevertheless, this Practice Note concentrates on conventional book and journal publishing, in both print and digital forms, encompassing e-books, websites, apps, databases and other online offerings (collectively described here, for simplicity, as ‘products’ unless stated otherwise). The publishing industry is an important contributor to the UK economy. According to the Publishers...

NOTE—to see whether notification thresholds in the Netherlands and across the globe are met, see further: Where to Notify 1. Have there been any recent developments regarding the Dutch merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues with the ACM? Media Following the Authority for Consumers and Market’s (ACM) prohibition of RTL’s proposed purchase of Talpa (two players in the Dutch television media market) on 30 January 2023, DPG Media announced plans to acquire RTL and filed the deal with the ACM. On 17 May 2024, the ACM concluded that the transaction merited deeper scrutiny and therefore referred the matter to the second (‘licence’) phase. On 18 July 2024, the parties submitted their application for the requisite licence. On 27 June 2025, the ACM issued conditional clearance for the merger in its DPG/RTL decision, imposing stringent behavioural commitments. Notably, the ACM factored media plurality into its competition analysis—an innovative development in Dutch merger control practice...

Dear [ insert expert’s name ] Claimant’s name: [ insert Claimant’s full name including title ] Claimant’s address: [ insert address ] Claimant’s date of birth: [ insert date of birth ] Date of alleged negligent treatment: [ insert date ] I represent the above-named in relation to injuries said to result from alleged clinical negligence occurring on the date noted. Thank you for agreeing to prepare a report addressing breach of duty/causation/condition and prognosis [ delete as appropriate ] in this matter. Please ensure you fully comprehend any clinical guidance relevant to the issues and that you hold the necessary facts to apply such guidance correctly. You should also be familiar with Part 35 of the CPR, the Practice Direction to Part 35, and the duties and requirements for experts giving expert evidence. In that regard, please see the appendix to this letter of instruction. Your task is to assist the court by providing impartial, independent opinions confined to your...

Insert the following as new definitions (if not already included) in the definitions and interpretation clause of the share purchase agreement: 1 Definitions and interpretation Fairly Disclosed • means information [ fully, fairly and accurately ] disclosed [ (relating specifically to the subject matter of the Warranty and without omitting any fact which may render the Warranty and the matter disclosed untrue, inaccurate and misleading) ] and presented with sufficient clarity and detail to allow a buyer to reach a clear, informed and accurate evaluation of the relevant facts, matters or circumstances concerned; Losses • means any and all liabilities, costs, outgoings (including legal expenses), claims, actions, proceedings, damages, fines, penalties, loss of profit [ and Consequential Loss ]; Tax Warranties • denotes the warranties [ and representations ] contained in paragraph [ insert number ] of Schedule [ insert number ], and Tax Warranty refers to any one of them; Warranties • signifies the warranties [ and representations ] included in Schedule [...

1 Preparing for the audit This part provides a pre-audit checklist of matters to address before the review. Action | Completed | Comments/action points Define the audit’s scope, whether organisation-wide or focused (and, if focused, state precisely what is included) [ Insert date completed ] [ Insert any comments or action points ] Obtain the organisation-wide risk assessment for money laundering, terrorist financing and proliferation financing [ Insert date completed ] [ Insert any comments or action points ] Collect all AML, CTF and counter-proliferation financing compliance policies and procedures [ Insert date completed ] [ Insert any comments or action points ] Decide how many files will be reviewed and from which departments they should be sourced [ Insert date completed ] [ Insert any comments or action points ] Select customer/matter files for examination [ Insert date completed ] [ Insert any comments or action points ] Set up access to all relevant internal systems, files and records,...

Duty to make reasonable adjustments The Equality Act 2010 (EqA 2010) establishes a duty to make reasonable adjustments (referred to below as ‘the duty’), which contains three distinct requirements. The third requires that, where a disabled person would, without the provision of an auxiliary aid, face a substantial disadvantage in relation to a relevant matter when compared with people who are not disabled, such steps as are reasonable must be taken to supply the auxiliary aid. The situations in which the duty arises differ across workplace settings. Accordingly, the precise circumstances that engage the duty will not be uniform across all settings. For all three requirements, the duty is triggered only where a disabled individual is placed at a substantial disadvantage compared with non‑disabled people ‘in relation to a “relevant matter”’, and what counts as a ‘relevant matter’ (as defined in EqA 2010, Sch 8 Pt 1) varies according to the particular type of workplace. As a result, application of the duty is context‑specific to the workplace in question....

HSC(CHS)A 2003, Part 3 For personal injury compensation claims where the incident occurred on or after 29 January 2007, Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 (HSC(CHS)A 2003) applies. The HSC(CHS)A 2003 extends to any matter involving foreign nationals and foreign compensators, in circumstances where NHS treatment and/or ambulance services were delivered to the injured person following their return to England, Scotland or Wales. Part 3 of the HSC(CHS)A 2003 permits recovery of the costs of treating an injured person in all situations where that individual has successfully pursued a personal injury claim against a third party. Under HSC(CHS)A 2003, s 150(3), a ‘compensation payment’ is a payment, including one in money’s worth, made on behalf of a person who is, or is alleged to be, liable in respect of the injury. HSC(CHS)A 2003, s 150(3) further provides that relevant NHS charges are not included...

Who can be the guardian of a Child Student? The Immigration Rules, Introduction, para 6.2 (Immigration Rules, Introduction, para 6.2(b)) sets out definitions for key terms such as ‘legal guardian’, ‘parent’ and ‘private foster care arrangement’. A ‘legal guardian’ is defined as ‘a person appointed according to local laws to take care of a child’. In the UK, questions of a child’s legal guardianship are typically decided by the family courts, or arise where parents have named a guardian to act if they die. That said, legal systems in other countries follow different procedures. Whether an individual has been duly appointed as a legal guardian ‘according to local laws’ in another jurisdiction is a matter of foreign law. Foreign law is treated as evidence and will usually need to be established by expert evidence (Hussein (Status of passports: foreign law) [2020] UKUT 00250 (IAC) (not reported by LexisNexis®UK)). Such expert evidence may include a letter from a lawyer qualified in the relevant jurisdiction, confirming the process by which the...