What does Allocation mean? In civil litigation, allocation is the court’s decision, by order, placing a defended claim on the appropriate case management route. In England and Wales, it is governed by the Civil Procedure Rules (CPR) Part 26. Using information in the parties’ Directions Questionnaires (formerly allocation questionnaires) and any statements of value, the court typically allocates on the papers to one of four tracks: small claims, fast track, intermediate track, or multi-track. It considers factors such as monetary value, complexity, importance, remedies sought, number of parties, need for experts and expected trial length. The allocation order may include initial...
Read More
The Industry Mutual Hold Harmless Scheme (IMHH) was launched in 2002 after a thorough cross-industry Consultation, coordinated by Leading Oil and Gas Industry Competitiveness (LOGIC). Its aim was to bridge the ‘Contractual gap’ between contractors where the LOGIC Standard Conditions of Contract (the “LOGIC Standard Conditions”)—or other agreements using a ‘small family’ indemnity regime (see below)—were applied. The LOGIC Standard Conditions are standard-form contract terms issued by LOGIC, originally created to cover the lifecycle of oil and gas activities, including onshore and offshore services, well services and construction. They are now also employed for offshore renewable energy projects, for example the construction and/or maintenance of offshore wind farms (together with related transmission infrastructure), as well as the construction and maintenance of electricity interconnectors. The IMHH framework is likewise commonly used on offshore projects where newly constructed assets are located near existing infrastructure and the respective owners of those infrastructures enter into Crossing Agreements...
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 ]...