What does Divisional Court mean? A Divisional Court is a panel of at least two High Court judges, most commonly in the King’s Bench Division, convened to determine specified appeals and supervisory matters that merit a multi‑judge court. In England and Wales the term is defined by statute (Senior Courts act 1981, section 66). Although any division may sit as a divisional court, in practice it is chiefly the King’s Bench Division (often administered through the Administrative Court). Typical business includes appeals by way of case stated from magistrates’ courts and, in limited circumstances, the Crown Court; certain criminal or public law judicial review claims;...
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If someone drives a car carelessly on a road or in a public place, or acts without regard for other users of that road or place, they may commit the offence of careless or inconsiderate driving under section 3 of the Road Traffic Act 1988 (RTA 1988). Under RTA 1988, s 3, the offence is triable summarily only.
To be convicted, it must be shown that a person:
Although the RTA 1988 does not define driving, the courts have ruled that driving is a physical act that only an individual can perform. The Divisional Court has determined that the expression does not extend to a Limited company (Richmond London borough Council v Pinn and Wheeler [1989] RTR 354 (not reported by LexisNexis®))...
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 ]...