Reply meaning

This checklist highlights the key points to weigh up when preparing an ET1 claim or an ET3 reply. It addresses jurisdictional matters, such as the claimant’s right to pursue unfair dismissal and whether the claim was filed within time. It considers the reason for dismissal and ill-health capability, including sporadic absences, long-term absence and diminished performance. It also assesses the substantive and procedural fairness of the dismissal. Finally, it identifies remedy issues to think about, eg reinstatement, re-engagement and compensation. Both parties Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal-Eligibility and Employee status Does the Claimant have the necessary qualifying service? See Practice Note: Qualifying period for unfair dismissal Has the Claimant met the early conciliation requirement, or does an exemption apply? See Practice Note: The early conciliation requirement Was the claim submitted within three months, or within the extended period where early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement-Extension to...

FORTHCOMING CHANGES : Several reforms are anticipated across the leasehold and enfranchisement sphere—see Practice Note: Property key future developments tracker for further details. This Flowchart is intended for use when a tenant pursues enfranchisement or seeks a lease extension of a house under the Leasehold Reform Act 1967 (LRA 1967). It outlines the procedure from the service of a tenant’s notice of claim, incorporating a landlord’s notice in reply, through to making applications to the First-tier Tribunal (FTT) (or the Leasehold Valuation Tribunal (LVT) in Wales) and/or the County Court, as appropriate, according to the issue in dispute...

In brief The deadline for handling a freedom of information request is 20 working days, although in certain limited circumstances this period can be extended. Upon receipt of a request, an authority should: carefully log the exact date the request arrived check that the request is valid determine whether it holds information matching the description provided in the request estimate the likely cost of complying decide whether to levy a fee assess whether any exemptions apply issue a response to the applicant within the deadline For guidance on the freedom of information regime generally, see Practice Notes: Introduction to freedom of information Who is subject to the freedom of information regime For an overview of the whole process click here to view or print a separate PDF version...

Antitrust Commission penalises Eurofield and Unanime Sport €172,000 for incomplete information in synthetic turf sector probe The Commission stated it has imposed fines totalling about €172,000 on Eurofield SAS (Eurofield) and Unanime Sport SAS (Unanime Sport), the ultimate parent of Eurofield at the time of the infringement, for submitting an incomplete response to an information request issued as part of its ongoing inquiry into a possible infringement of Article 101(1) TFEU. Background On 7 June 2023, the Commission revealed that it had carried out unannounced inspections at the premises of companies active in the synthetic turf sector across several Member States. It explained that the inquiry concerns synthetic turf for sports use and noted its concerns that the inspected companies may have breached Article 101 TFEU. In the course of this investigation, the Commission also sent requests for information to the companies under investigation, including Eurofield...

Sriram (acting by her litigation friend, the Official Solicitor) v Revenue and Customs Commissioners and another [2024] EWHC 853 (Ch), [2024] All ER (D) 86 (Apr) What are the practical implications of this case? Creditors should act with care to ensure that service of a statutory demand (and bankruptcy petition) is properly effected, particularly where a debtor seeks to avoid service and has several addresses. Attempts to serve ought to be clearly and contemporaneously recorded. Creditors are required to take all reasonable measures to bring the document or documents to the debtor’s attention. However, this does not oblige them to attend or write to every address associated with the debtor that they know about. The addresses that must be tried will depend on the circumstances of the individual case. A wide, scattergun strategy to service is not expected. By way of example, if a debtor holds multiple properties and there is no reply to a visit or correspondence at one property, that location may not amount to a ‘known’...

CCPC outlines competition concerns in preliminary assessment of Circle K/Pelco deal. The Competition and Consumer Protection Commission (CCPC) has issued a preliminary assessment to the parties involved in the planned purchase of Pelco Holdings Ltd by Ard Services Ltd, a subsidiary of Circle K Ireland Holding Ltd (M/24/042). The assessment outlines the CCPC’s preliminary concerns regarding how the proposed acquisition might reduce competition in the retail motor fuel sector overall. As this is only a preliminary assessment, and not a final decision, the parties may now also formally reply in writing, deliver oral submissions, and further get...

Precedent Summary Letter of claim—patent infringement This Precedent provides an outline letter of claim, the expression presently used in the Civil Procedure Rules, and is often described as a letter before action or a cease and desist letter. It concerns alleged patent infringement. The accompanying Drafting Notes set out how to strike a balance between the Practice Direction Pre-Action Conduct and Protocols obligations for a letter of claim and the unjustified threats provisions in section 70 of the Patents Act 1977. They also include suggested draft undertakings. Particulars of Claim—patent infringement claim This is a Precedent Particulars of Claim intended for use in a patent infringement action...

This Practice Note deals with maintenance agreements where one of the parties to the agreement has died. For practical guidance on varying a maintenance agreement while the parties are still alive, including applications under Schedule 1 to the Children Act 1989 (ChA 1989), refer to Practice Note: Variation and alteration of maintenance agreements during the lifetime of the parties, during the parties’ lifetime. See also Practice Note: Formalities of maintenance agreements. Where a maintenance agreement within the meaning of the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004) provides for periodical payments to continue after the death of one party, and that party dies domiciled in England and Wales, the surviving party or the deceased party’s personal representatives may issue a variation application to the court. The application must be brought within six months of the grant of representation; otherwise the permission of the court is required. If the court decides it is just to alter the terms of the agreement, the...

This Practice Note This Practice Note sets out a hands-on framework for dealing with disagreements about the proper construction of a contract. It draws on the principles of contractual construction contained in the following Practice Notes and should be considered alongside that guidance: Contract interpretation—the guiding principles Contract interpretation—rules of contract interpretation The situations in which such disagreements emerge are endlessly diverse. Yet, whether it surfaces as a client approaching you about an unforeseen demand from a contracting counterparty, or as the reply from a third party on whom you have served such a demand, the core refrain is the same—‘that’s not what was agreed’. Once that contention is made, practitioners will typically seek to conclude the dispute promptly and without resort to costly proceedings. A firm understanding of how a court would tackle the construction of the disputed term(s) will allow you to make assured decisions about whether it is in the client’s best interests to litigate if a satisfactory compromise...

[ On the headed notepaper of the creditor’s solicitors ] Our ref: [ insert ] FAO [ Insert name ] [ Name of debtor’s solicitors ] [ Address line 1 ] [ Address line 2 ] [ Postcode ] [ Date ] Dear [ insert name ] [ Insert creditor’s name ] AND [ insert debtor’s name ] Letter of claim We refer to our letters of [ insert date(s) ] regarding the above issue concerning [ insert brief details ]. Notwithstanding the requests within that correspondence, our client remains unpaid for the outstanding payment [ s ] identified below. Accordingly, this constitutes our client’s letter of claim, issued pursuant to the Pre-Action Protocol for Debt Claims (the Protocol). We set out below details of our client’s claim and enclose copies of the principal documents. We also enclose a copy of the Protocol for your reference, together with the required Information Sheet, Reply Form and Standard Financial Statement. [...

To: [ insert name and address of claimant ] I confirm receipt of [ a copy of ] your notice dated [ insert date ], asserting the right to obtain [ the freehold OR an extended lease ] (delete as appropriate) of the house and premises identified in your notice (see Note 1 below). [ [ I acknowledge your right (subject to any issue concerning the accuracy of the particulars provided in your notice of the house and premises). ] ] (delete if inapplicable) (see Note 2 below). [ I do not acknowledge your right, for the following reasons: ] [ state the reasons why the tenant’s right is not acknowledged ] (delete if inapplicable) ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ ...

[ enter name of telephone company ][ enter address of telephone company ] Dear [ enter organisation name ] The late [ enter name of deceased ] Account number[s]: [ enter account number(s) ]Address: [ enter deceased’s address ] We act for the personal representatives of the late [ enter name of deceased ] [ also known as [ enter other name(s) by which the deceased was known ] ], who passed away on [ enter date of death ]. Enclosed is an office copy of the death certificate for your inspection and return. Telephone [ and broadband ] services were supplied to the deceased at the above address under the account referenced above. [ Kindly arrange disconnection of the telephone [ and broadband services ] at the property and issue a final bill to this firm. The account will be settled once the personal representatives are in receipt of estate funds. ] [ Please do not disconnect the telephone [ or broadband...

Question 1 This reply proceeds on the basis that the agreement for lease amounts to a ‘new tenancy’ for the purposes of the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995). Stated broadly, the combined operation of LT(C)A 1995, ss 2 and 3 is that the benefit and the burden of all ‘landlord covenants’ and ‘tenant covenants’ of a ‘tenancy’ (as those expressions are given in LT(C)A 1995, s 28) pass with the reversion and, correspondingly, the term, unless LT(C)A 1995 provides otherwise...

Anyone seeking to acquire title to registered land by adverse possession, who cannot demonstrate 12 years’ possession before 13 October 2003, may apply once they have completed ten years in possession: para 1 of Schedule 6 to the Land Registration Act 2002 (LRA 2002). The registrar will then serve formal notice on the registered proprietor, who can either: consent, or fail to reply at all, in which event the applicant will be entered as the registered proprietor; or serve a counter-notice opposing the application (LRA 2002, s 73(1)) and/or require the matter to be determined accordingly under LRA 2002, Sch 6, para 5...

This Q&A relates to whether the landlord can serve a schedule of dilapidations in respect of partitioning. It considers if the presence of partitioning permits the landlord to issue a schedule of dilapidations. It also addresses whether the existence of partitions could adversely affect the tenant’s ability to determine the lease by exercising a break; that latter point is not dealt with in this reply. For the purposes of this Q&A, it is assumed that the tenant, with the landlord’s authorisation, installed the partitions during the term of the earlier lease (the Original Lease), and that, when negotiating the new contracted out lease (the Current Lease), the partitions were not raised. In evaluating the tenant’s responsibilities to remove the partitions, this answer is necessarily constrained without sight of the leases and any relevant licences granted in connection with the works. The appropriate starting point is to review the repairing, reinstatement and yielding up obligations contained in both the Current Lease and the Original Lease to ascertain what duties rest...