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Checklist This Checklist is aimed at law firms. It is intended to help you assess whether you have the necessary systems in place to monitor client feedback effectively. It should be read alongside the subtopic: How to measure client satisfaction...
This Procedural Guide Sets out the process under the Debtors Act 1869 (DA 1869), the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, and the Administration of Justice Act 1970 (AJA 1970) for applying for a judgment summons compelling a debtor to attend court where the debtor has, or has had since the date of the order or judgment, the means to meet the defaulted amount, yet refuses or neglects to do so. It provides guidance on eligibility to apply, the criminal standard of proof and evidential requirements, and the debtor’s committal. A judgment summons is a summons that requires a debtor to appear before the court. If it is proved to the court’s satisfaction that the debtor has, or has had since the order or judgment, the means to pay the sum in default, and has refused or neglected, or refuses or neglects, to pay it, the debtor may be committed to prison for up to six weeks, or until prior payment of the amount owing....
Step/action Time (days) Section/rule Prepare the statutory demand. Use Form SD1 (r 7.3 WU), being the Statutory Demand under section 123(1)(a) or 222(1)(a) of the Insolvency Act 1986 (previously form 4.1). Day 1. Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 7.2–7.3. Arrange and carry out service of the statutory demand on the company. Day 2 to 10. Section 123(1)(a) of the Insolvency Act 1986 (IA 1986). Give the company 21 clear days after service to pay the debt, or secure/settle it to the creditor’s satisfaction; failing that, proceed to wind up. Day 25 to 33. IA 1986, s 123(1)(a). Prepare the winding-up petition and supporting documents and issue three copies at court, with the court fee. While not stipulated by the rules, three copies will usually be adequate...
Original news Vanden Recycling Ltd v Kras Recycling BV [2017] EWCA Civ 354 What are the practical implications of this case? This ruling, in brief: affirms that once a judgment has been satisfied, further claims against other tortfeasors responsible for the same harm are generally precluded as a matter of course however, satisfying a settlement—rather than a judgment—will only preclude claims against other tortfeasors for the same harm if the amount agreed and paid was intended to determine and fix the claimant’s loss in full acknowledges (and succinctly sets out) the differences and practical distinctions between consent orders and Tomlin orders indicates that the court will look at the 'substance and effect' of a consent order’s terms and, if these are 'the same as would be made following a judgment', it is proper to treat the consent order as a judgment for the rule that satisfaction of a judgment bars claims against tortfeasors liable for the same damage (para [50]) ...
On Tower UK Ltd v British Telecommunications Plc [2025] EWCA Civ 844 What are the practical implications of this case? Landlords and site providers will need to ensure that an agreement’s term has been, or will be, brought to an end in accordance with its contractual terms before serving paragraph 31 notices under the Electronic Communications Code, in Schedule 3A to the Communications Act 2003 (CA 2003) (Code), where those notices are intended to take effect after the contractual term has ended. The decision leaves open whether a landlord or site provider must wait for a break notice to expire, and demonstrate satisfaction of any break pre-conditions, before a paragraph 31 notice can then be issued; or whether it is adequate simply to serve the break notice and then—perhaps the following day—a paragraph 31 notice (or even to place both mechanisms within a single document). If that latter course is available, there remains the question of what the position would be if one or more break pre-conditions ultimately cannot...
What are the practical implications of this case? This decision offers pragmatic guidance for respondents facing permission-to-appeal applications, clarifying how and when to apply for conditions to be attached to any grant of permission, with emphasis on timing and procedural steps. That element of the ruling holds broad relevance for civil practitioners and is apt to inform day-to-day case management. It also carries specific significance for arbitration specialists, as it underscores the hurdles in attempting to condition the ability of states—especially EU members—to pursue appeals from orders of the English Courts concerning arbitration awards made against them. What was the background? An ICSID tribunal made an Award of €120,083,287.88 against Spain for losses sustained by the claimants on investments in Spanish solar power installations. In May 2023, Mr Justice Fraser rejected Spain’s application to set aside an order of Mrs Justice Cockerill, which had registered the Award as a judgment of the High Court under section 1(2) of the Arbitration (International Investment Disputes) Act 1996...
Family business culture Given the relatively high expense of sourcing and appointing senior staff, holding on to the right people with the right expertise is vital for any firm, and even more so for a family-run enterprise where hiring can be tougher than for rivals. Working in a family company brings upsides; research points to greater loyalty, satisfaction, flexibility and security. Yet drawbacks can appear, such as ambiguity, perceived unfairness, muddled accountability and family politics. The task is to bring in senior leaders who align with the culture and to ensure they are incentivised to remain and help grow the business. Therefore, a family business must shape recruitment and induction so they reflect its distinctive culture and complexity. Not every senior executive will thrive in a family setting, and cultural alignment may, in the end, matter as much as formal credentials. This must be weighed against the need to attract high-calibre people and keep them engaged for the long haul. Practical measures available to family firms include supporting new...
This Practice Note sets out the principal tax considerations where creditors move to enforce security over the assets of a distressed company or corporate group. Related Practice Notes in this series address tax issues concerning: acquisitions of distressed debt, and debt restructurings (ie waivers, debt/equity swaps or renegotiations) In addition, Tax and distressed debt—checklist of points to consider distils the main tax points to bear in mind when dealing with distressed debt in general. This Practice Note reviews the enforcement routes open to creditors of troubled businesses and the consequences that may follow. For a detailed look at the loan relationships provisions on debt releases, see: Loan relationships—impairment and debt releases Loan relationships—impairment and debt releases: connected companies Types of enforcement As explained in Practice Note: Tax and distressed debt—debt restructurings, lenders will frequently engage in a restructuring of a distressed group’s debt to help the underlying business continue. Enforcing security over a borrower’s assets...
Subscription and shareholders’ agreement This Practice Note offers guidance for drafters preparing and/or reviewing a subscription and shareholders’ agreement relating to the allotment of shares (and, potentially, loan notes) in a private limited company incorporated in England and Wales by a private equity (or venture capital) fund investor (the investor) within a venture capital (VC) deal, where the structure provides for split exchange and completion, ie conditions must be met before completion of the subscription and shareholders’ agreement. The investment contemplated is into an existing company (the Company), with the current shareholders (typically the business’s founders) keeping the shares they have already been issued in the Company. Set out below are matters to weigh up when drafting and/or reviewing the principal provisions of a subscription and shareholders’ agreement (SSA). Parties The investee company Although the principal parties to the SSA will be the relevant investor and the Company’s founders, the Company will ordinarily be included as a party too, ie the vehicle in which the investor...
[ insert name of company who granted the option pursuant to the long term incentive plan (LTIP) ] ( Company ) [ insert name of LTIP ] ( Plan ) Name Number of Shares under Option Option Price per Share Date of Grant Normal Vesting date [ , subject to satisfaction of Performance Targets ] End of Holding Period We hereby confirm that you hold an Option permitting you to acquire up to the maximum number of Shares in [ insert name of Company whose shares are being granted under option ] as shown in the table above. The Option was issued on the Date of Grant set out above under a global deed of grant entered into by the Company [ and is conditional upon the Performance Target(s) attached to this certificate ]. The Option Price due per Share when the Option is exercised is likewise specified in the table above...
1 General information Review date [ Insert date ] Reviewer(s) [ Insert name(s) ] Scope of review ☐ Firm-wide ☐ Departmental [ insert details of department ] ☐ Fee earner [ insert details of fee earner ] Total client surveys reviewed [ Insert number ] Survey date range [ Insert date range ] 2 Data 2.1 How clients have rated our service Survey question Number of responses How easy was it to access our services? [ Insert number ] — Very good [ Insert number ] — Good [ Insert number ] — Average [ Insert number ] — Poor [ Insert number ] — Very poor [ Insert number ] — No answer given If you visited our offices, how would you score the welcome you received? ...
[ To be produced on the lender’s letterheaded paper ] [ please enter date ] To: [ enter the borrower’s name and address ] [ and ] [ kindly enter the guarantor’s name and address, where relevant ] Dear [ insert the borrower’s full name and, where relevant, the guarantor’s full name ] 1 [ We refer...