Specified claim meaning

The early conciliation (EC) requirement The early conciliation (EC) requirement—sometimes referred to as mandatory Acas early conciliation—obliges a would‑be claimant to give Acas specified details, including certain information, before issuing an employment tribunal claim, as provided by section 18A(1) of the Employment Tribunals Act 1996 (ETA 1996). For more detail, see Practice Note: The early conciliation requirement. This Checklist explains which claims constitute ‘relevant proceedings’, and identifies those that are caught by the early conciliation requirement either because of: ETA 1996, s 18(1A), or a specific provision in the applicable legislation For guidance on relevant proceedings, see Practice Note: The early conciliation requirement—Relevant proceedings. Where a prospective claimant satisfies the early conciliation requirement, there is, in almost all cases, a statutory extension to the usual deadline within which a claim must be presented to an employment tribunal. This Checklist also indicates where the operative extension provisions on time limits are located, and highlights categories of proceedings to which those extension provisions...

Checklist This Checklist covers key points practitioners should weigh up when reviewing price promotions. Such activity could include free extra volume or money-off offers, among other common mechanics. It reflects requirements set out in the Competition and Market’s Authority guidance, Price transparency: CMA209 (Price Transparency Guidance). For more detail, see Practice Note: Promotional marketing and price claims. As you progress through the Checklist, the third column can be used to note observations or comments. Basic issues to consider for price and value promotions Is the promotion a bona fide price reduction or an increase in volume running for a specified period? Marketers and traders should retain relevant evidence to show the claim is authentic. Is the promotion presented clearly and not misleading? Include all qualifications, restrictions or other limitations that affect availability. Link to relevant terms and conditions for further detail, but do not rely on them for any material pricing information or restrictions; these must be stated clearly within the promotion...

Legal issues This checklist sets out the main terms and matters to bear in mind when preparing and negotiating indemnity provisions in commercial (business-to-business) contracts. For model wording with drafting notes, see Precedent: Indemnity clause-commercial contracts. For more on indemnities, consult the following Practice Notes: Indemnities in commercial contracts Guarantees and indemnities-general contract For a practical guide to reviewing an indemnity clause in B2B agreements, see Practice Note: How to review an indemnity clause. General comments What to watch out for Is an indemnity appropriate? An indemnity is a contractual promise by one party to reimburse the other for specified loss or damage or, in some instances, to relieve them from liability. Unlike a guarantee, it imposes a primary obligation that may not rely on a third party’s default. Assess if an indemnity is the right mechanism or whether a guarantee is preferable, for example where a parent company guarantees a subsidiary’s obligations. If advising the indemnifier, consider...

In this issue: Spring Statement 2025 Probate UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Contentious trusts and estates Art and heritage property, landed estates and farming families International Question of the week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Spring Statement 2025 Spring Statement 2025—key points On Wednesday 26 March 2025, the Chancellor of the Exchequer, Rachel Reeves, presented the government’s Spring Budget. There were no fresh measures for Private Client tax advisers—disappointing for those with clients likely to be affected by the planned reforms to business property relief and agricultural property relief from April 2026. Nor was there any sign of a rethink on the proposal to levy an IHT charge on pensions on death. By contrast,...

In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...

In this issue: Copyright & associated rights Designs Trade marks/passing off Patents Geographical indications IP and technology Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights Law360 reports that Sony Music has again failed to shut down a copyright claim in England relating to royalties from Jimi Hendrix’s band. A judge in London concluded the bandmates’ estates present an arguable case concerning IP rights tied to music streaming platforms. See: Sony loses bid to stop Hendrix Bandmates' Copyright Trial. Copyright and Performances (Application to Other Countries) (Amendment) Order 2024 SI 2024/193: This instrument widens eligibility for specified rights under UK copyright law to certain non-UK nationals by lifting some of the current limitations on extending those rights abroad. The Order takes effect on the date the CPTPP becomes operative for the UK. See: LNB News 28/02/2024 29...

Introduction The Community Infrastructure Levy (CIL) is a charge applied to development. Its statutory foundation lies in Part 11 of the Planning Act 2008 (PA 2008), which permits the Secretary of State to make regulations providing for the imposition of CIL. That power was exercised through the Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations). CIL operates in both England and Wales. It is set by ‘charging authorities’ for certain development of land within their areas and is collected by ‘collecting authorities’. For further detail on charging and collecting authorities, and the circumstances in which CIL becomes payable on development, see Practice Note: Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. The CIL Regulations also include enforcement mechanisms, allowing collecting authorities to levy a range of surcharges, issue stop notices, and, where necessary, recover monies through appropriate legal action. Collection and enforcement procedures are supported by a right to appeal specified decisions (see Practice Note:...

Business asset disposal relief Business asset disposal relief (BADR) is a capital gains tax (CGT) relief intended to encourage individuals to start and grow their own businesses. Where the qualifying conditions are met, for disposals made on or after 6 April 2026 the CGT rate on specified business assets is reduced to 18%. Before 6 April 2025 the rate available under BADR was 10%, rising to 14% from 6 April 2025 under the Finance Act 2025, which also provided for a further increase to 18% for disposals on or after 6 April 2026. Individuals operating as sole traders or in partnership Individuals disposing of shares in, or securities of, a company Trustees of a settlement holding the business assets Companies are not eligible for BADR in respect of chargeable gains that they realise. A lifetime cap limits the total amount of BADR that any one individual can claim...

This Practice Note offers a concise overview of the matters that warrant attention at the outset of a dispute, including: Is there a dispute resolution procedure or clause? Assess whether a specified dispute resolution mechanism or clause governs the issue at hand. Where one applies, reflect on: the procedural steps and conditions stipulated by the clause the governing law applicable to that clause the forum with jurisdiction over the dispute (and whether that forum is in fact a court) Where proceedings are commenced in defiance of an arbitration clause, the court must stay the claim. Mediation provisions, if expressed with sufficient certainty, must likewise be honoured, and non-compliance may attract an adverse costs order. If a mediation or other dispute resolution clause exists and has not been observed, the court will generally pause any action to enable the parties to fulfil their contractual obligations. Mediation Act 2017 (Ireland), s 14 (as amended) (MA 2017 (IRL)) imposes a duty...

Claim No. [ enter claim number ]. [ IN THE HIGH COURT OF JUSTICE [ BUSINESS AND PROPERTY COURTS [ OF ENGLAND AND WALES OR AT [ enter location ] ] ] [ State division ] [ State specialist court ] [ Insert location ] DISTRICT REGISTRY OR THE COUNTY COURT AT [ enter location ] [ BUSINESS AND PROPERTY COURTS LIST ] ] Between: [ enter name ] Claimant and [ enter name ] Defendant Draft directions order Warning: you must fully comply with the requirements set out in this order; otherwise your case is liable to be struck out, or another sanction imposed upon you. If compliance is not possible, you should promptly make a formal application to the court, without delay, before any specified deadline duly expires...

1 Definitions and interpretation In these Conditions, key terms include: Adequate Procedures (as per BA 2010); Affiliate (entities under common Control); Applicable Law (binding laws and guidance across relevant jurisdictions); Associated Person/Associated With (as defined for bribery, tax evasion and fraud by BA 2010, CFA 2017 and ECCTA 2023); Business Day (excluding weekends and bank/public holidays); Conditions (these sale terms); Confidential Information (commercial, technical or other identified confidential material); Contract (the agreement comprising these Conditions and the Order); Control (as specified); Customer and Supplier (the purchasing and supplying parties); Documentation; Force Majeure (events beyond reasonable control); Goods; Intellectual Property Rights and any IPR Claim; Location; MSA 2015; Order; Prevention Procedures; Price; Specification; VAT; and Warranty Period. Interpretation rules: references to the Contract include its schedules and annexes; headings are for convenience; references to a party include successors and permitted assigns; person includes natural and corporate bodies; company covers any body corporate; gender and number include each other; “including” and similar expressions are illustrative only; writing covers legible, non‑transitory...

BEFORE THE [ COURT ] Claim number: [ insert claim number ] Between [ Insert claimant’s name ] (Claimant) and [ Insert defendant’s name ] (Defendant) DRAFT ORDER Upon hearing from [ Counsel for the Claimant ] and from [ Counsel for the Defendant ], the Court orders as follows: By no later than [ insert time and date ], the [ Claimant OR Defendant ] must either supply the [ Claimant’s OR Defendant’s ] solicitors with copies of, or enable the [ Claimant OR Defendant ] to inspect, the following documents or categories of documents: [ IDENTIFY THE DOCUMENTS WITH AS MUCH PRECISION AS POSSIBLE ] The [ Claimant OR Defendant ] shall pay the [ Claimant’s OR Defendant’s ] costs of, and arising from, this application. Dated:...

Under section 11 of the Landlord and Tenant Act 1985, landlords of specified residential tenancies are required, among other duties, to keep the installations in the dwelling-house for space heating and heating water in good repair and proper working order. A tenancy might also impose express duties on a landlord concerning provision of heating and hot water. See Practice Note: Residential tenancies—landlord’s implied covenant of fitness for human habitation and statutory obligation to repair. Where...

Money Claim Online is available for issuing claims for a defined monetary amount below £100,000, excluding interest and costs. The approach to costs mirrors that applied to any other claim brought under CPR Part 7. The fixed costs regime A claim falls within the fixed costs regime where no acknowledgement of service or defence is lodged, or where the defendant admits the claim. In that situation, the claimant may seek judgment through Money Claim Online by submitting the online request form. Once judgment is entered, the claimant’s legal representative is entitled to the fixed costs under CPR 45.4, as listed in Table 2 of CPR 45, which, for a claim over £5,000, range from £30 to £70 depending on the circumstances in which judgment is obtained...

Under the Housing Act 1985 (HA 1985), tenants and leaseholders may make improvements to their homes, provided they secure the landlord’s consent in advance of commencing any repairs, and that they observe and comply with certain specified applicable relevant conditions. The Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) entitles secure tenants of local authorities to seek compensation, at the close of their tenancy, for improvements they have lawfully undertaken and completed. Housing Corporation Circular HC33/94 widened the LRHUDA 1993 scheme to include tenants of registered social landlords, for example, housing association tenants, bringing them within scope...