What does Access mean? In electronic communications practice, access describes one provider making its network facilities or services available to another, on defined terms, on an exclusive or non‑exclusive basis, so the latter can supply electronic communications services, including where those inputs are used to deliver information society services or broadcast content. The term is defined in the EU regulatory framework (formerly the Access Directive and now the European Electronic Communications Code) and implemented in Ireland; in the UK, the Communications Act 2003 uses the closely related statutory concept of network access, applied by Ofcom. In all UK jurisdictions (England & Wales, Scotland and...
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Councillors need substantial information to oversee the local authority (LA) effectively and properly. For many, at times it can be unclear which information held by an individual member is theirs to disclose, which material must be made available to the public, what ought to remain within the council’s boundaries, and what should be retained solely by the councillor.
Councils fall within the scope of the Freedom of Information Act 2000, as well as the particular statutory public access to information rules that apply to a council and, where relevant, its elected mayor or the leader and cabinet in relation to decisions taken. These information rules were last amended in September 2012. Further access to information requirements also arise from a council’s audit arrangements and practices.
When information is withheld, this occurs under a clearly defined set of legal exemptions. Most reasons for withholding material are ordinarily subject to a public interest test: does the public interest in not disclosing the information outweigh the public interest in disclosure? In such cases, if it does not, the information is provided. This framework governs access and refusals. The assessment process should likewise seek to strike a balance between...
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 ]...