What does Knowledge mean? In legal practice, knowledge describes a person’s actual awareness that a fact or circumstance exists, going beyond mere suspicion. It is addressed in both legislation and case law and its use is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. In criminal law, knowledge forms part of the mens rea for offences requiring that the defendant knows a relevant fact (for example, that property is stolen), and can include wilful blindness (deliberately avoiding confirming what is obvious). In civil law, knowledge allocates risk and affects time limits: limitation rules refer to the date of knowledge (actual or constructive)...
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This Practice Note focuses on how to identify, store and Share the Knowledge held by in-house legal teams, and how that insight, once surfaced, can be harnessed to create value. Key topics include:
Ambition often collides with reality when considering a business’s accessible knowledge. People want swift access to a compact, clear source, yet they face a sprawling, leaky sea of material that fails them. Too often, the team’s collective know-how sits in sprawling, unruly boxes, with little structure or logic. So what is the remedy? It is time to bring record management up from the basement. Paper should no longer be the dominant medium for storing information; this is the moment to innovate and evolve...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...