What does Warrant mean? In practice, a warrant is a tradable right giving the holder, but not the obligation, to buy or sell an underlying asset (typically shares, but also bonds, indices, currencies or commodities) at a fixed exercise price on or before a stated expiry date. It is a securitised derivative: its value derives from the underlying, and it provides price exposure without owning the asset. Key features: - Transferable security; commonly listed and traded on-exchange. - Not a debt instrument: no principal amount, no covenant to repay and no interest. - May be physically settled (subscription for new shares) or cash-settled; American or European...
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This Practice Note explains how to enforce a warrant of control issued by the County Court as a means of enforcing a money judgment. Through this route, the judgment creditor instructs a county court bailiff (CCB) to take control of the judgment debtor’s goods and sell them, applying the sale proceeds to satisfy the judgment debt. The detailed steps are contained in the legislation underpinning the Taking Control of Goods regime—see Practice Note: Finding your way through the Taking Control of Goods legislation for guidance on that framework. In broad terms, the practitioner should decide which enforcement method will be most effective for the judgment creditor. For sums over £600 many creditors prefer to instruct a High Court Enforcement Officer (HCEO), a private individual authorised by the Lord Chancellor’s office, rather than a CCB, who is a salaried civil servant employed by the Ministry of Justice. For advice on selecting between enforcement in the County Court and the High Court, see Practice Note: Enforcing a money judgment—High Court or County Court?
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 ]...