What does Recast mean? In legal practice, recast describes an EU legal act that replaces an earlier instrument by carrying forward unchanged provisions while making substantive amendments. The outcome is a new Regulation or Directive with its own title and number, adopted through the full EU legislative procedure, which repeals and replaces the predecessor (for example, the Brussels I Recast Regulation). It is an EU law‑making technique recognised in EU inter‑institutional practice, not a UK statutory definition. Key features include: consolidation of existing text, targeted amendment of selected articles, updated recitals and cross‑references, and a single instrument to cite and apply. Unlike codification, which restates...
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ARCHIVED: This Practice Note is archived and is not maintained. It examines the terms of Article 29 of Regulation (EU) 1215/2012, Brussels I (recast), which governs multiple proceedings, namely parallel proceedings that concern the same cause of action and the same parties. The Note outlines how courts address these matters and supplies examples showing their practical handling. Accordingly, the Note addresses both the procedural framework and its operation in day-to-day practice. The same subject-matter was formerly set out in Article 27 of Regulation (EC) 44/2001, Brussels I. Although Regulation (EU) 1215/2012, Brussels I (recast) makes certain alterations to what appeared in Regulation (EC) 44/2001, Brussels I, the body of case law on Article 27 of Regulation (EC) 44/2001, Brussels I remains relevant and will continue to shape the interpretation and application of Article 29 of Regulation (EU) 1215/2012, Brussels I (recast). This approach is reflected in Recital (34) to the recast, which stresses the importance of continuity. It indicates that consistency should be secured between the 1968 Brussels Convention, Regulation (EC) No 44/2001 and this Regulation, and that transitional provisions should be adopted to that effect...
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 ]...