Respondent 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...

Procedural Guide This Procedural Guide explains the process for seeking an enforcement order under the Children Act 1989 (ChA 1989) to secure compliance with a child arrangements order (CAO). Such an order may require the respondent to complete unpaid work. It sets out details of the following: Who can apply Pre-action requirements Criminal standard of proof Orders the court may make Restrictions on making an enforcement order The procedure applies where a CAO has a warning notice properly attached and it is alleged the order has been breached, making enforcement necessary. Enforcing contact provisions can be difficult where the parent with whom the child lives is opposed to contact. Under ChA 1989 the court has extended powers to enforce all provisions of CAOs, not just those about contact but also those concerning a child’s living arrangements...

Checklist This Checklist offers guidance on witness evidence supporting an application for pre-action disclosure under CPR Part 31.16, in situations where the applicant and respondent are likely to become parties to later proceedings. It also identifies the main matters to include within the witness statement, together with cross-references, points on costs, and exhibits where relevant...

Motor Insurers Bureau v Houston [2025] EWHC 3178 (KB) What are the practical implications of this case? Although the outcome may catch seasoned credit hire practitioners off guard, it was driven in large part by the precise language of the debarring order in this case. The order confined any future debarring strictly to the question of rate and made no reference to reliance on impecuniosity for the hire period or for any wider purposes; appellant counsel on appeal suggested this flowed from a legacy version of a standard form. Practitioners familiar with credit hire litigation will know that, more often than not, directions orders bar a claimant from reliance on impecuniosity for all purposes following a failure to provide financial disclosure. Even so, the judgment is a clear reminder that the courts will apply the ordinary and natural meaning to the words of any order, and practitioners should take care to verify the exact wording of a debarring order in every case. That is not, however, to suggest the...

In this issue: Advertising, marketing and sponsorship Contracts Data protection Public procurement Sale and supply of goods Supply of services International Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings— 8 May 2024. The Advertising Standards Authority (ASA) considered a complaint about a website promoting a gambling offer that did not set out key entry conditions. The complainant queried whether the advertisement misled consumers. The ASA agreed and upheld the complaint. See: LNB News 08/05/2024 29. Contracts Supreme Court clarifies law on damages and assessment of goods (Sharp Corp Ltd (Respondent) v Viterra BV (previously known as Glencore Agriculture BV) (Appellant)). In Sharp Corp Ltd v Viterra BV (previously known as Glencore Agriculture BV) [2024] UKSC 14, the Supreme Court unanimously allowed the appeal and also allowed the cross-appeal, sending the Awards back to the Appeal Board for reconsideration. Lord...

In this issue: Advertising, marketing and sponsorship Agency and distribution Consumer protection Contracts Contractual joint ventures International Daily and weekly news alerts Dates for your diary Trackers New and updated content Advertising, marketing and sponsorship ASA rulings—19 March 2025 A single complaint was made to the Advertising Standards Authority (ASA) about Haven Leisure Ltd’s claims on holiday pricing. The ASA upheld the complaint. See: LNB News 19/03/2025 11. Agency and distribution Recovery Partners GP Ltd v Rukhadze [2025] UKSC 10 The Supreme Court dismissed the appellants’ appeal against an order to account for profits earned in breach of duty; they were employees of the respondent companies and owed fiduciary duties. The court affirmed strict adherence to the fiduciary ‘no profit’ rule, rejecting arguments for a ‘but for’ causation test and for counterfactual enquiries into whether the gains could have been authorised if consent had been sought. See: Recovery Partners GP...

Where a respondent (debtor) cannot be located, enforcing an order becomes problematic. If nothing useful is known and no redirection address exists, information may be sought from government departments. This Practice Note explains when departmental data may be obtained to identify a debtor/respondent’s address, the steps for making an application, the relevant Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—most notably FPR 2010, PD 6C and FPR 2010, SI 2010/2955, Pt 18—and summarises the details government departments require. It covers applications issued on or after 6 April 2022; for the Practice Direction that applied to applications issued before 6 April 2022, see the earlier version referenced there... Application On an applicant’s request, the court may ask government departments to disclose the address of a debtor who cannot be traced. The governing provisions sit within FPR 2010. From 18 January 2023, FPR 2010, PD 6C was replaced by a revised PD 6C for applications issued on or after 6 April 2022; for the previous iteration applicable to earlier applications,...

This Practice Note has been prepared in collaboration with Ms Koh Swee Yen, Senior Counsel and Partner, Mr Joel Quek, Partner, Ms Magdalene Ong, Partner, Ms Divya Harchandani, Foreign Lawyer, and Ms Thea Elyssa Vega, Foreign Lawyer, all from WongPartnership LLP, Singapore. The seventh edition of the SIAC Rules took effect on 1 January 2025 and can be accessed here. This note addresses how to initiate arbitration under the Arbitration Rules of the Singapore International Arbitration Centre (SIAC) (7th edition) 2025 (the 2025 SIAC Rules). Please note that Singapore judgments mentioned in this Practice Note are not reported by LexisNexis® UK. Prior to commencing an arbitration Before beginning an arbitration, there must be a ‘dispute’ that is capable of referral to arbitration. At the outset, assess whether an arbitration agreement exists and whether there is a ‘dispute’ that may properly be referred to arbitration. Consider as well any additional jurisdictional objections a respondent might advance. The following matters should be reviewed prior to starting any arbitration (among others):...

Note: Brazil judgments below are not reported by LexisNexis®. What constitutes a foreign arbitral award in Brazil? The Brazilian Arbitration Act (Federal Law No. 9,307/96, (BAA)) identifies two categories of arbitral awards: domestic and foreign. Foreign awards are those issued outside Brazil (BAA, art 34, para 1) and must undergo recognition before they can be enforced locally. Domestic awards are those delivered within Brazil and are enforceable as a domestic judgment without any need for court confirmation. Accordingly, for the recognition and enforcement of foreign awards, the arbitral seat is pivotal in determining where the award is rendered and whether prior confirmation is required in Brazil. How to enforce a foreign arbitral award in Brazil To enforce a foreign arbitral award in Brazil, it must first be submitted for recognition before the Brazilian Superior Court of Justice (Superior Tribunal de Justiça, (STJ)). The governing rules and conditions for recognition are set out in articles 963 and 964 of the Brazilian Code of Civil Procedure (BCCP), articles...

INSOLVENCY ACT APPLICATION NOTICE Case No: [ insert case number ]. Court: High Court (Business and Property Courts, Insolvency and Companies List (ChD)) OR Business and Property Courts in [ insert location ] OR County Court at [ insert location ] (Business and Property Work). In the matter of [ insert company’s name ] and the Insolvency Act 1986. Parties: [ Insert Applicant(s) ] v [ Insert Respondent(s) ]. Under IR 2016 r 18.23. Parties and addresses: Applicants [ names/addresses ]; Respondents [ names/addresses ]. Application relates to [ details ]. Judge: [ level ]. Venue: [ court/hearing centre ]. Ref: [ number ]. Orders sought: Fix remuneration at £[ insert sum ] plus VAT; disbursements £[ insert sum ]. Costs to be an expense of the [ liquidation/administration ]. Any further order or relief the court considers appropriate. Grounds: witness statement of [ name ], dated [ date ]. Service/notice: [ names/addresses, if any, or none ]. Address for...

In the First-tier Tribunal (Immigration and Asylum Chamber) Appeal No: XXXAPPLICANT NAME – AppellantANDSECRETARY OF STATE FOR THE HOME DEPARTMENT Application for costs under 9 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604 1 Introduction This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings. 2 This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent. 3 Background The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was submitted on [ insert date ]. The Tribunal listed a substantive hearing for [ date ] at [...

IN THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, KINGS’S BENCH DIVISION, COMMERCIAL COURT before [ The Honourable Mr Justice OR The Honourable Mrs Justice ] [ insert name of judge ] (in private session) Claim No. [ insert claim number ] between: [ insert name(s) ] as Claimant(s)/Applicant(s) and [ insert name(s) ] as Defendant(s)/Respondent(s) [ The Claimant(s) and Defendant(s) in an Intended Action ] DRAFT FREEZING ORDER PENAL NOTICE If you, [ insert name of respondent(s) ], do not comply with this order, you risk being found in contempt of court and could face imprisonment, a fine, or confiscation of assets. Anyone else with knowledge of this order who assists or allows the Respondent to contravene it may likewise be found in contempt and be imprisoned, fined, or have their assets taken. 1 THIS ORDER 1.1 By order of Mrs/Mr Justice [ ] on [ ], this Freezing Injunction is granted against [ ] (‘the...

Response to appeal Under the Employment Appeal Rules 1993 (EAT Rules), SI 1993/2854, rule 6(2) provides that a respondent who intends to oppose an appeal must lodge with the Appeal Tribunal a written answer in accordance with, or broadly following, Form 3 contained in the Schedule to these Rules, setting out the grounds on which they rely. Nevertheless, where the respondent seeks to rely on any ground that mirrors a ground adopted by the employment tribunal when making the judgment, decision, declaration or order under appeal, it is sufficient simply to say so in the answer, and it shall be sufficient to state that fact in response. For further details, see Practice Note: Responding to an appeal...

Personal service of a divorce petition It is inferred that this Q&A concerns personal service of a divorce petition, given the mention of the ‘petitioner’. As a starting point, a divorce petition is commonly served on the respondent by first class post. That said, Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.4 permits service of a divorce petition by other means, namely: personal service pursuant to FPR 2010, SI 2010/2955, 6.7 alternative service providing delivery on the next business day under FPR 2010, PD 6A where FPR 2010, SI 2010/2955, 6.11 applies (the respondent has a solicitor acting and the applicant has written notice that the solicitor is instructed to accept service of the application), service via document exchange (DX) See Practice Note: Service of applications for matrimonial and civil partnership orders within the jurisdiction...

Legal professional privilege Legal professional privilege denotes a doctrine shielding particular categories of documents from scrutiny or inspection by the opposing party to the case. Legal advice privilege covers materials containing advice irrespective of whether proceedings are envisaged at any stage. Litigation privilege concerns documents created when litigation is extant or on foot, anticipated, or pending as such. Both are treated as sitting beneath the umbrella of legal advice privilege. A hearing attendance note will, as a rule, come within litigation privilege and so need not be disclosed to the other side. The request for a copy of that hearing note may, therefore, be made with a respondent’s potential appeal in mind...