What does Freezing order mean? In pensions practice, a freezing order is a temporary direction by The pensions regulator (TPR) that puts a defined benefit occupational pension scheme on hold while TPR considers whether to wind it up. It is a statutory power under the Pensions Act 2004. TPR must be satisfied that the order is necessary for member protection and that there is an immediate risk to members’ interests or to the scheme’s assets. A freezing order takes effect immediately and preserves the status quo: benefit accrual stops; the scheme cannot be wound up except by order of TPR; and trustees and employers...
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Civil recovery denotes the powers contained in Part 5 of the Proceeds of Crime Act 2002 (POCA 2002) that allow property to be frozen and orders obtained to recover property representing criminal property generated by unlawful conduct. This Practice Note focuses on the use of the following orders:
Provisions that apply specifically to Scotland and Northern Ireland are outside the scope of this Practice Note. For guidance on recovering property within criminal proceedings, see Practice Note: Confiscation under the Proceeds of Crime Act 2002. POCA 2002 also provides a range of investigative powers that an appropriate officer may deploy in the course of a Civil recovery investigation...
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 ]...